J5 

see 


LIBRARY 

OF  THE 

University  of  California. 

GIFT    OF 

.^^V^\ru....\£GAJ^^   

Class 

Charter 


OF  THE 


City  of  Galveston 


AS  PASSED  BY  THE 


28th  Legislature  of  the  State  of  Texas  and 

Approved  by  the  Governor 

March  30,  1903 


AND 


Amendments  Thereto  Passed  by  the  29th  and 
30th  Legislatures, 


o^'^^f^!^ 


(manufacturing  TEXAS  |  STATiONERSJ 


JULIAT^  KORSKI 


CHARTER 


OF    THE 


CITY  OF  GALVESTON 


AS  PASSED  BY  THE 


28th  Legislature  of  the  State  of  Texas 
and  Approved  by  the  Gover- 
nor March  30,  1903 


AND 


.   Amendments  Thereto  Passed  by  the  29th  and 
30th  Legislatures 


0^%^^^ 


(MAWUFAaURINGi  TEXAS  [STATIONERS) 


'^^il'ES^TtT^^'^' 


<^^^ 


rsf':C 


CHARTER 


OF  THE 


CITY   OF   GALVESTON 


AN  ACT* 

To  amend  "An  Act  to  incorporate  the  City  of  Galveston  and  to 
grant  it  a  new  Charter  and  to  repeal  all  pre-existing  Charters," 
approved  April  18,  1901,  and  to  repeal  all  laws  in  conflict 
herewith. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Texas ; 

Section  1.     That  all  the  inhabitants  of  the  City  of  Galveston  ^^^2!''^ 
shall  continue  to  be  a  body  politic  and  corporate,  with  perpetual 
succession,  by  the  name  and  style  of  the  "City  of  Galveston,"  ^^JJ^^^g^*® 
and  as  such  they  and  their  successors  by  that  name  shall  have,  gations.^^^' 
exercise  and  enjoy  all  the  rights,  immunities,  powers,  privileges 
and  franchises  now  possessed  and  enjoyed  by  said  city,  and 
herein  granted  and  conferred;  and  shall  be  subject  to  all  the 
duties  and  obligations  now  pertaining  to  or  incumbent  on  said 
city  as  a  corporation,  not  inconsistent  with  this  Act,  and  may 
ordain  and  establish  such  acts,  laws,  regulations  and  ordinances, 
not  inconsistent  with  the  Constitution  and  laws  of  this  State,  as 


*The  amendments  as  passed  by  the  29th  Legislature,  amending  Sections  7,  15,  32,  35, 
40,  70  and  subdivisions  (g)  and  (i)  of  Section  19;  and  by  adding  thereto  Section  71a,  and 
also  Section  78a,  ratifying  and  confirming  an  agreement  and  contract  of  settlement,  ad- 
justment an  1  compromise  between  said  City  of  Galveston  and  the  Galveston  Wharf  Com- 
pany, dated  March  9, 1905,  are  inserted  herein;  and  the  amendments  as  passed  by  the  30th 
Legislature,  amending  Sections  10,  24  and  51,  subdivisions  (f)  and  (a)  of  Section  19;  sub- 
division (u)  of  Section  34;  subdivision  (b)  of  Section  34.  Sections  74,  54,  44,  78,  32  and 
subdivision  (a)  of  Section  71,  and  adding  Section  20  (a).  Sections  71  (b),  71  (c)  and  71  (e) . 


2.3(,03G 


Sec. 


Charter  of  the  City  of  Galveston' 


Corporate 
seal 


shall  be  needful  for  the  government,  interest,  welfare  and  good 
order  of  said  body  politic;  and  under  the  same  name  shall  be 
known  in  law,  and  be  capable  of  contracting  and  being  con- 
tracted with,  suing  and  being  sued,  implead  and  being  impleaded, 
answering  and  being  answered  unto,  in  all  courts  and  places 
and  in  all  matters  whatever;  may  take,  hold  and  purchase, 
lease,  grant  and  convey  such  real  and  personal  or  mixed  property 
or  estate  as  the  purposes  of  the  corporation  may  require,  within 
or  without  the  limits  thereof,  and  may  make,  have  and  use  a 
corporate  seal,   and  change  and  renew  the  same  at  pleasure. 


Corporate 
limits. 


Sec.  2.  That-  the  limits  of  said  city  shall  embrace  so  much 
of  the  island  of  Galveston  from  the  point  thereof  on  the  east  to 
Fifty-sixth  street,  or  to  include  the  league  and  labor  of  land 
known  as  the  Menard  grant  (provided  that  said  league  and 
labor  shall  extend  beyond  Fifty-sixth  street) ;  thence  to  include 
Galveston  Bay  and  Pelican  Island,  and  one  mile  north  thereof; 
and  the  waters  of  the  Gulf  of  Mexico  extending  south  one  marine 
league  from  the  shore,  from  the  channel  and  anchorage  on  the 
eastern  -  end  of  Galveston  Island  to  the  western  boundary  of 
the  city,  so  as  to  extend  the  police  authority  and  jurisdiction, 
inclusive  of  Pelican  Island,  over  all  the  area  and  territory  afore- 
said; Provided,  nevertheless,  that  jurisdiction  shall  extend  from 
the  eastern  boundary  of  said  city  over  all  real  estate  beyond 
said  limits  purchased  or  in  any  manner  acquired  by  said  city 
for  the  use  of  the  corporation;  and  Provided,  furthermore,  that 
all  the  municipal  regulations  of  said  city  shall  apply  to,  extend 
and  be  in  full  force  over  the  harbor  and  anchorage  of  Galveston, 
and  to  the  bar  at  the  entrance  of  said  harbor ;  and  the  corporate 
authority  and  jurisdiction  shall  extend  from  the  eastern  boun- 
dary of  said  city  over  the  east  end  of  Galveston  Island,  and  over 
all  real  estate  beyond  said  limits  purchased  or  in  any  manner 
acquired  by  said  city  for  the  use  of  the  corporation ;  and  Provided 
further,  that  the  said  limits  may  be  hereafter  extended,  includ- 
ing and  adding  more  territory  to  the  same,  whenever  a  majority 
of  the  inhabitants  of  sa^d  territory  shall  indicate  a  desire  to  be 
included  within  the  limits  of  said  city;  and  Provided  further, 


Charter  of  the  City  of  Galveston  Sec.  3 

that  neither  the  corporate  limits  nor  the  jurisdiction  of  said 
city  shall  extend  to  any  point  of  the  mainland  so  as  to  interfere 
or  conflict  in  any  wise  with  the  riparian  rights  and  privileges 
of  the  owners  of  the  mainland,  or  any  part  thereof,  bordering 
upon  the  waters  of  said  bay;  and  Provided  further,  that  the 
jurisdiction  of  said  city  shall  not  extend  over  Bolivar  channel 
except  for  police  and  sanitary  purposes. 

Sec.  3.     The  territory  contained  within  the  boundary  of  the  City  wards. 
City  of  Galveston  shall  be  divided  into  twelve  wards,  as  follows: 

The  First  ward  shall  contain  all  the  territory  lying  north  of 
Avenue  G  and  east  of  Thirteenth  street. 

The  Second  ward  shall  contain  all  the  territory  lying  north  of 
Avenue  G,  between  Thirteenth  and  Seventeenth  streets. 

The  Third  ward  shall  contain  all  the  territory  lying  north 
of   Broadway,   between   Seventeenth   and  Twenty-first   streets. 

The  Fourth  ward  shall  contain  all  the  territory  lying  north 
of   Broadway,   between  Twenty-first   and  Twenty-fifth   streets. 

The  Fifth  ward  shall  contain  all  the  territory  lying  north  of 
Broadway,    between    Twenty-fifth    and    Twenty-ninth    streets. 

The  Sixth  ward  shall  contain  all  the  territory  lying  north  of 
Broadway,  between  Twenty-ninth  street  and  the  western  boun- 
dary of  the  city. 

The  Seventh  ward  shall  contain  all  the  territory  lying  south 
of  Broadway,  between  Twenty-ninth  street  and  the  western 
boundary  of  the  city. 

The  Eighth  ward  shall  contain  all  the  territory  lying  south  of 
Broadway,  between  Twenty-fifth  and  Twenty-ninth  streets. 

The  Ninth  ward  shall  contain  all  the  territory  lying  south  of 
Broadway,  between  Twenty-first  and  Twenty-fifth  streets. 

The  Tenth  ward  shall  contain  all  the  territory  lying  south  of 
Broadway,  between  Seventeenth  and  Twenty-first  streets. 


Sec.  4.-5 


Charter  of  the  City  of  Galveston 


The  Eleventh  ward  shall  contain  all  the  territory  lying  south 
of  Avenue  G,  between  Thirteenth  and  Seventeenth  streets. 

The  Twelfth  ward  shall  contain  all  the  territory  lying  south 
of  Avenue  G  and  east  of  Thirteenth  street. 

Provided,  that  the  Board  of  Commissioners  of  said  city  shall 
have  power  from  time  to  time  by  ordinance  to  cause  a  division 
of  said  city  to  be  made  into  as  many  wards  (not  less  than  twelve) , 
as  they  may  deem  necessary  and  for  the  good  of  the  inhabitants 
of  said  city. 


City  property.  Scc.  4.  The  waterworks  and  sewerage  plants,  fire  engines, 
fire  alarm,  telegraph  system,  hose  and  hose  carriages,  horses 
and  wagons,  engine  houses,  school  houses,  public  buildings, 
public  squares,  parks,  promenades,  wharves,  streets,  alleys,  all 
stock  and  interest  in  any  incorporated  company,  held  or  used 
for  public  purposes  or  in  trust  for  the  public,  and  all  property 
which  may  have  been  granted  or  released  to  said  City  of  Galves- 
ton by  the  State  through  a  general  or  special  law  or  joint  resolu- 
tion of  the  Legislature,  and  any  judgment  or  judgments  or 
causes  of  action  in  favor  of  said  City  of  Galveston,  and  the  elec- 
tric light  plant  or  other  plant  used  for  public  purposes,  and  all 
other  property,  real  and  personal,  held,  controlled  or  used  by 
said  City  of  Galveston  for  the  purposes  of  government,  includ- 
ing all  property  of  whatsoever  character  or  description,  whether 
of  the  same  nature  or  not  as  the  property  heretofore  specified, 
which  may  have  been  held,  controlled  or  used  by  said  City  of 
Galveston  for  public  uses  or  in  trust  for  the  pubUc,  or  which  may 
have  been  vested  in  the  City  of  Galveston  under  and  by  virtue 
of  any  law  of  the  State  of  Texas,  shall  vest  in  and  remain  and 
inure  to  the  said  corporation  under  this  Act. 


Vested  in  cor 
poration. 


Mayor  and 
Commission- 
ers— first 
election  of. 


Sec.  5.  As  soon  as  practicable,  and  within  sixty  days  after 
this  Act  shall  take  effect,  it  shall  be  the  duty  of  the  Commis- 
sioners Court  of  Galveston  County  to  order  an  election  to  be 
held  in  the  City  of  Galveston,  at  which  election  the  qualified 


Charter  of  the  City  of  Galveston  Sec.  5  7 

voters  of  the  City  of  Galveston  shall  select  a  Mayor  and  four 
Commissioners,  who  shall  constitute  the  Board  of  Commissioners 
of  the  City  of  Galveston,  and  said  Commissioners  Court  shall  pieces  of 
fix  the  time  and  places  in  said  city  for  holding  said  election,  and  ^^^^S  ?f "^ 
the  manner  of  holding  the  same  shall  be  governed  by  the  laws  ^°^'^''^' 
of  the  State  of  Texas  governing  general  elections.     The  cost  of  (^g^  ^^  eig^.. 
such  election  shall  be  paid  by  the  County  of  Galveston,  but '^""=  ^°^' p^'^- 
shall  be  refunded  to  said  county  by  the  City  of  Galveston.     On 
the  Tuesday  following  said  election,  or  as  soon  thereafter  as 
practicable,  the  said  Court  shall  canvass  the  returns  and  declare  Canvassing 
the  election  of  the  candidates  receiving  the  highest  number  of 
votes. 

The  Mayor  shall  be  President  of  said  Board  of  Commissioners,  ^^^yfj^^^.'^^ 
and  the  members  of  said  Board  shall  hold  office  until  their  sue- members  of 

rJoard;  tenure 

cessors  are  elected  and  qualified.  o^  o^^e. 

On  the  second  Tuesday  in  May,    1905,   and  in  each  second Reguiar^city 
year  thereafter,  the   Board  of  Commissioners  of  said  city  f or  }j,™«  ^pp«^"*«^ 
the  time  being  shall  cause  to  be  held  in  said  city  an  election 
for   their   successors   in   office.     In   ordering   such   election   the 
Board   of   Coriimissioners   of  the   City   of   Galveston   shall   de- 
termine the  places  in  the  City  of  Galveston  for  holding  such  piaces  of 

election  and 

election,   and  the  manner  of  holding  same   shall  be  governed  manner  of 
by  the  laws  of  the  State  of  Texas  regulating  general  elections. 
On  the  Tuesday  following  such  election  the  Board  shall  canvass 

Canvassing 

the  returns  and  declare  the  election  of  the  candidates  receiving  returns, 
the  highest  number  of  votes.     The  Mayor  and  each  of  the  said^^^  or  and 
four  Commissioners  shall  not  be  less  than  twenty-five  years  of  ^^^g'^""^^'''"" 
age,  citizens  of  the  United  States,  and  for  five  years  immedi- 
atelv  preceding  their  election  residents  of  the  City  of  Galveston, 

'  Qualifications 

and  shall  hold  office  for  two  years  from  and  after  the  date  of  ^gfj^''"^  ^^ 
their  qualification   and  until  their  successors  shall  have  been 
duly  elected  and  qualified.     Said  Board  of  Commissioners  shall  government, 
constitute  the  municipal  government  of  the  City  of  Galveston. 


Sec.  6 


Charter  of  the  City  of  Galveston 


Time  for 
qualifying. 


Each  of  said  Commissioners,  within  ten  days  after  the  official 
announcement  of  his  election  or  appointment,  as  the  case  may 
be,  shall  qualify  as  required  by  this  Charter  and  the  Constitu- 
tion and  laws  of  the  State,  and  failing  so  to  do,  his  office  shall 
become  vacant. 


Commissioners      Scc.  6.     The  President  and  other  members  of  the  Board  of 

successors  of 

Mayor  and       Commissioncrs  elected  under  this  Act,  and  their  successors  in 

Aldermen.  ' 

office,  shall  be  held  and  deemed,  in  law  and  in  fact,  the  succes- 
sors of  the  Mayor  and  Aldermen  of  said  City  of  Galveston,  and 
upon  the  qualification  of  said  President  and  the  other  members 
of  said  Board  of  Commissioners,  all  the  powers,  rights  and  duties. 
Board  of  Com-  of  the  Mayor  and  Board  of  Aldermen  of  the  said  city  shall  cease ; 
and  frum  and  after  the  passage  hereof  the  said  Board  of  Com- 
missioners shall  have  and  exercise  all  the  rights,  powers  and 
duties  of  the  Mayor  and  Board  of  Aldermen  of  cities  as  may  be 
conferred  by  the  Constitution  and  laws  of  this  State,  and  shall 
have  and  exercise  all  the  rights,  powers  and  duties  conferred 
upon  them  or  either  of  them  by  the  terms  of  this  Act. 


missioners 
powers  of 


Mayor-Presi- 
dent. 


Directors  in 
corporations. 


The  President  of  the  said  Board  shall  be  Mayor,  and  shall 
have  and  exercise  all  the  rights,  powers  and  duties  of  Mayor 
conferred  by  the  Constitution  and  laws  of  this  State,  and  all 
those  conferred  by  the  terms  of  this  Act.  The  Mayor  shall  be 
the  President  of  the  Board,  and  shall  be  named  and  styled 
"Mayor-President  of  the  Board  of  Commissioners  for  the  City 
of  Galveston,"  and  wherever  the  words  Mayor  or  President 
occur  in  this  Act  they  and  each  of  them  shall  be  held  and  con- 
strued as  identical  terms,  descriptive  of  the  President  of  the 
Board  of  Commissioners  for  the  City  of  Galveston ;  and  wherever 
the  said  city  has  heretofore,  under  the  decree  or  judgment  of 
any  court,  or  under  any  law,  ordinance  or  resolution,  been 
entitled  to  representation  through  the  Mayor  of  said  city  and 
one  or  more  of  the  Aldermen  thereof  on  the  Board  of  Directors 
of  any  incorporated  company  in  which  the  said  city  may  own 
stock  or  be  interested,  it  shall  hereafter  be  represented  on  any 
such  Board  of  Directors  by  the  President  of  said  Board  of  Com- 


Charter  of  the  City  of  Galveston  Sec.  7-10  9 

missioners  and  by  two  other  members  of  said  Boaid,  to  be 
selected  by  said  Board. 

Sec.    7.     Said   Mavor  and   Commissioners   shall,   collectivelv  Board  of  Com- 

•'  -^     Ynissioners — 

constitute  and  be  known  as  the   "Board  of  Commissioners  of  style  of. 

[Amended, 

the  City  of  Galveston."     They  shall  take  an  oath  to  faithfully  Acts  i905.] 
perform  the  duties  of  their  said  office,  and  each  shall  receive  as 
compensation  for  his  said  services,  beginning  June^  1,  1905,  the 
sum  of  twelve  hundred  dollars  ($1200)  per  annum,  payable  in 
equal  monthly  installments,  except  that  the  President  of  said 
Board  shall  receive  a  salary  of  two  thousand  dollars   ($2000)  President— 
per  annum,  payable  in  equal  monthly  installments,  and  the  said  etc. 
President  shall  devote  at  least  six  hours  a  day  to  the  duties  of 
his  office  and  to  the  affairs  of  said  city. 

Sec.    8.     That    the    Mayor   and   each    Commissioner,    before  Bond  and  oath 
entering  upon  the  duties  of  his  office,  shall  give  bond  payable  commissioners, 
to  the  Governor  of  the  State,  for  the  use  and  benefit  of  said  city, 
in  the  sum  of  five  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  his  duty,  with  two  or  more  good  and  sufficient  payable  and 
sureties,  to  be  approved  by  the  County  Judge  of  Galveston  ^°"  11    e  . 
County,  and  shall  in  addition  to  taking  the  oath  prescribed  by 
the  Constitution  of  the  State  also  take  an  oath  that  he  is  not 
under  direct  or  indirect  obligation  to'  appoint  or  elect  any  person 
to  any  office,  position  or  employment  under  said  government. 

The  said  Board  of  Commissioners  shall,  by  a  majority  vote  ^^f^f^^  ^P" 
of  all  the  members  thereof,  have  the  power  to  appoint  all  officers  "^ajo^ty  vote, 
and  subordinates  in  all  departments  of  the  said  city. 

Sec.  9.     Anv  member  of  said  Board  of  Commissioners  may  Removal  of 

,  -,     r-,  1     •        ,  1  Commissioners. 

be  removed  for  the  same  reason  and  m  the  same  manner  as 
county  officers. 

Sec.    10.     Resignation   by   the   Mayor  or  any   Commissioner  j^^^.^^^^.^^  ^^ 
elected  under  this  Act  shall  be  made  in  writing  to  the  Board  of  ^f^J^J-;^},  °^ 
Commissioners    for    their    action    thereupon.     In    case    of    the  Co"^™''sioners 
removal  of  the  Mayor  or  of  any  Commissioners  from  the  terri- 
torial limits  of  said  city,  such  removal  shall  ipso  facto  be  deemed 


lo  Sec.  II-I2  Charter  of  the  City  of  Galveston 

eiecfion^'to  fill  ^^  Create  a  vacancy  in  his  office.  In  case  of  any  vacancy  from 
any  cause  in  the  office  of  Mayor,  or  any  Commissioner,  the 
Board  of  Commissioners  shall  fill  such  vacancy  by  appointment 
until  the  next  succeeding  regular  election ;  provided,  such  election 
is  not  more  than  ninety  days  off,  and  the  person  so  appointed 
shall  possess  all  the  qualifications  required  by  this  Charter  for 
such  office;  but  should  such  election  be  more  than  ninety  days 
off,  this  said  office  shall  be  filled  by  an  election  called  for  that 
purpose  according  to  law.     In  case  of  vacancy  in  the  office  of 

Mayor  pro  tern.  Mayor,  from  any  cause,  the  Board  of  Commissioners  may  appoint 
one  of  their  number  to  act  as  Mayor  pro  tem  until  such  vacancy 
is  filled  as  provided  for  in  this  section,  and  such  Mayor  pro  tem 
shall  have  and  exercise  all  the  powers  and  duties  of  Mayor 
while  he  so  acts,  and  his  acts  shall  have  the  same  force  and 
validity. 

Oaths^adminis-      ggc.  11.     Each  Commissioner  and  the  Secretary  of  the  Board 
and^Secretarv^  ^^  Commissioners  shall  be,  and  they  are  hereby,  authorized  to 

administer  oaths  in  the  municipal   affairs  and  government  of 

the  city. 

Rules  and  Scc.   12.     Said  Board  of  Commissioners  so  constituted  shall 

regulations;         .  ,^  ..  1111  r--i 

Commissioners  havc  coutrol  and  supcrvisiou  over  all  the  departments  oi  said 
enforce.  city,  and  to  that  end  shall  have  power  to  make  and  enforce  such 

rules  and  regulations  as  they  may  see  fit  and  proper  for  and 
concerning  the  organization,  management  and  operation  of  all 
of  the  departments  of  said  city  and  whatever  agencies  may  be 
created  for  the  administration  of  its  affairs. 
Commissioners'      They   shall,   by   a  majority  vote   of  all   said  Commissioners, 

departments —  -^  '        -^  •'  ■' 

designation  of  dcsisfnate  from  among  their  members  one   Commissioner  who 

heads;  powers;.  *=*  ° 

duties.  shall  be  known  as  ''Police  and  Fire  Commissioner,"  and  who 

shall  have  under  his  special  charge  the  enforcement  of  all  police 

Commissioner  ^  regulations  of  Said  city  and  general  supervision  over  the  fire 
department  thereof;  and  one  Commissioner,  to  be  known  as  the 

S?stree??and  "Commissioner   of    Streets    and    PubUc    Property,"    who    shall 

PnSerty.  have  uudcr  his  special  charge  the  supervision  of  the  streets, 
alleys,  public  grounds  and  property  of  said  city,  and  be  charged 


Charter  of  the  City  of  Galveston  Sec.  12a  11 

with  the  duty  of  Hghting  the  streets,  and  keeping  the  streets, 
alleys,  public  grounds  and  property  in  a  clean  and  sanitary 
condition,  and  with  the  enforcement  of  all  rules  and  regulations 
necessary  to  these  ends,  and  who  shall  also  have  under  his  special 
charge  the  supervision  of  all  public  improvements,  except  as 
herein  otherwise  provided,  and  shall  see  that  all  contracts  there- 
for are  faithfully  complied  with,  and  that,  the  conditions  of  the 
grant  of  any  franchise  or  privilege  are  faithfully  complied  with 
and  performed;  and  one  Commissioner,  to  be  known  as  the 
"Waterworks  and  Sewerage  Commissioner,"  who  shall  have  ^^a^gj.^^jj.^g 
under  his  special  charge  the  construction,  maintenance  and g^^^^^fjjf® 
operation  of  the  waterworks  and  sewer  system  and  departments 
of  said  city,  and  shall  see  to  the  enforcement  of  all  regulations 
with  respect  to  s^id  departments  and  with  respect  to  all  the 
revenues  pertaining  thereto;  and  one  Commissioner  who  shall 
be   known   as   the    "Commissioner   of   Finance   and   Revenue,"  Commissioner 

of  Finance  and 

who  shall  have  under  his  special  charge  the  enforcement  of  all  Revenue, 
laws  for  the  assessment  and  collection  of  taxes  of  every  kind, 
and  the  collection  of  all  revenues  belonging  to  said  city  from 
whatever  source  the  same  may  be  derived,  and  who  shall  also 
examine  into  and  keep  informed  as  to  the  finances  of  such  cit^^ 

Sec.  12a.     The  President  of  said  Board  shall  have  the  right  President  has 

right  to  vote. 

to  vote  as  a  member  thereof  on  all  questons  which  may  arise. 

Said  Board  of  Commissioners  shall  have  the  power  to  summon  ^«*''^,"^^^ 

I  ^  compel  wit- 

and  compel  the   attendance  of  witnesses,   and  the  production  ance;  aSo"*^ ' 
of  books  and  papers  before  them  whenever  it  may  be  necessary  books  and 

papers. 

for  the  more  effective  discharge  of  their  duties,  and  shall  have 
power  to  punish   for  contempt   of  said   Board  with  the   same  ^^^gj^p^_ 
fines  and  penalties  as  the  County  Judge  may  punish  for  con-fJJJ.'!"^  "^^^* 
tempt  of  the  Count v  Court.     All  process  necessary  to  enforce 

Process — 

the  powers  conferred  by  this  section  shall  be  signed  by  the  Pres-  jfo'Jf  ggrved 
ident  of  the  Board  and  attested  by  the  Secretary  thereof,  and 
shall  be  served  by  any  member  of  the  police  force  of  said  city. 


12 


Sec, 


13-14 


Charter  of  the  City  of  Galveston 


President — 
powers  and 
diities. 


Claims — 
audited;  ap- 
proval of. 


Financial 
statements. 


Sec.  13.  That  the  President  of  said  Board  of  Commissioners 
shall  be  the  executive  officer  of  said  city,  and  shall  see  that 
all  the  laws  thereof  are  enforced.  The  Commissioner  named 
as  the  head  of  each  department  shall  audit  all  accounts  or  claims 
against  it,  unless  he  be  absent  or  fail  or  refuse  so  to  do,  in  which 
event,  the  President  shall  appoint  another  Commissioner  to 
act  in  his  stead  during  his  absence  or  to  audit  claims  and  accounts 
as  the  said  Commissioner  shall  fail  or  refuse  to  act  upon;  but 
before  payment  all  accounts  shall  be  acted  upon  and  approved 
by  at  least  two  members  of  said  Board  of  Commissioners.  Said 
Board  shall  require  a  statement  to  be  published  in  January, 
April,  July  and  October  of  each  year,  in  the  official  newspaper 
of  said  city,  showing  a  full,  clear  and  complete  statement  of 
all  taxes  and  other  revenues  collected  and  expended  during  the 
preceding  quarter,  indicating  the  respective  sources  from  which 
the  moneys  are  derived,  and  also  indicating  the  disposition 
made  thereof. 


president's  Sec.  14.     That  whcncvcr  the  President  of  the  Board  of  Com- 

duties  as  to.  .      .  .      ,,     ^  .  .  .  j.  .        . 

missioners  shall  deem  it  necessary  m  order  to  eniorce  the  laws 

of  the  city,  or  to  avert  danger,  or  protect  life  or  property,  in 

case  of  a  riot  or  any  outbreak,  or  calamity  or  public  disturbance. 

or  when  he  has  reason  to  fear  any  serious  violation  of  law  or 

order,  or  any  outbreak,  or  any  other  danger  to  said  city  or  the 

Special  police  inhabitants  thereof,  he  shall  summon  into  service,  as  a  special 

summone  .       pQi^Qg  force,  all,  or  as  many  of  the  citizens  as  in  his  judgment 

and  discretion  may  be  necessary  and  proper;  and  such  summons 

may  be  by  proclamation  or  order,   addressed  to  the  citizens 

generally,  or  those  of  any  ward  of  the  city  or  subdivision  thereof, 

or  such  summons  may  be  by  personal  notification;  such  special 

police,  while  in  service,  shall  be  subject  to  the  orders  of  the 

President  of  the  Board  of  Commissioners,  shall  perform  such 

duties  as  he  may  require,  and  shall  have  the  same  power  while 

Failing  to  ap-  ou  duty  as  the  regular  police  force  of  said  city;  and  any  person 

pear,  pena ty   ^^  summoned,  and  failing  to  obey,  or  appearing  and  failing  to 


Charter  of  the  City  of  Galveston  Sec.  15-16  13 

perform  any  duty  that  may  be  required  by  this  Act,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars. 

Sec.   15.     In  case  the  President  of  said  Board  is  unable  to  [Amended  Acts 

1905  1 

perform  the  duties  of  his  office  by  reason  of  temporary  or  con- 
tinued absence  or  sickness,  the  said  Board  shall  appoint,  by 
ballot,  by  a  majority  vote  of  all  the  members  thereof,  one  of 
their  number  to  act  in  his  stead,  whose  official  designation  shall  »    .     „    . 

°  Acting  Presi- 

be  "Actiner  President  of  the  Board  of  Commissioners,"  and  the  dent— ap- 

°  ,  ,  pointment  of; 

Commissioner  so  appointed  shall  be  invested  with  all  the  powers,  compensation 
and  shall  perform  all  the  duties  of  the  President  of  said  Board 
during  such  absence  or  sickness,  and  shall  receive  the  salary 
of  the  said  President  during    such  vacancy;    Provided,  that  it 
shall  continue  for  ten  days  or  longer,  and  during  such  absence 
in   excess   of  ten   days  the   President   shall   receive  no   salary; 
Provided,  further,  that  the  Commissioner  receiving  compensa-  President  re- 
tion  as  Acting  President  shall  not  receive  his  salary  as  Com- a?j?[^whSi.^^'" 
missioner  for  the  same  time  he  receives  compensation  as  Acting 
President. 

Sec.   16.     Said  Board  of  Commissioners  shall  meet  at  least  Regular  meet- 

.      .  .  .  1         .  1      .,    1       ings  of  Board, 

once  every  week  m  regular  meeting  at  such  time  as  shall  be 
fixed  by  said  Board,  at  the  City  Hall  or  other  designated  place 
in  said  city,  to  consider  and  take  under  advisement  and  act 
upon  such  business  as  may  come  before  them.  A  majority  of 
said  Board  shall  constitute  a  quorum  for  the  transaction  of  all  Quorum, 
business,  but  no  action  of  said  Commissioners  shall  be  effective 
unless  upon  a  vote  of  a  majority  of  such  quorum,  and  no  final 
action  shall  be  taken  in  any  matter  concerning  the  special  depart- 
ment  of   any   absent   Commissioner  unless   such  business   has  department— 

.  .  1  no  action  as  to 

been  made  a  special  order  01  the  day,  or  such  action  is  taken  business  of, 

.  "^  unless. 

at  a  regular  meeting  of  the  Board. 

Special   meetings   may   be   called  by   the   President   of   said  special 
Board,  or  by  any  two  members  thereof,  at  any  time,  to  consider  ^ffJ^J^ff^fn^s 
only  such  matters  as  shall  be  mentioned  in  the  call  for  said°^" 
meeting,  and  written  notice  thereof  shall  be  given  to  each  mem- 
ber of  said  Board. 


14 


Sec.  17-1I 


Charter  of  the  City  of  Galveston 


Legislative  AH   legislative   sessions   of   said    Board,   whether   regular   or 

sessions  open.  °  ° 

called,  shall  be  open  to  the  public. 


Lawmaking 
power  of 
Board. 


Publication  of 
ordinances. 


Proof  of  publi 
cation. 


Revised  ordi- 
nances not 
published. 

Ordinances 
take  effect, 
when. 


Ordinances 
evidence  in 
Court. 


Sec.  17.  The  Board  of  Commissioners  of  said  city  shall  be 
vested  with  the  power  and  charged  with  the  duty  of  making 
all  laws  or  ordinances  not  inconsistent  with  the  Constitution 
and  laws  of  this  State,  touching  every  object,  matter  and  sub- 
ject within  the  local  government  instituted  by  this  Act.  Every 
ordinance  imposing  any  penalty,  fine,  imprisonment  or  for- 
feiture for  a  violation  of  its  provisions  shall,  after  the  passage 
thereof,  be  published  in  every  issue  of  the  official  newspaper 
for  ten  (10)  days  successively  (excluding  Sundays),  and  proof 
of  such  publication  by  the  printer  or  publisher  of  such  news- 
paper made  before  any  officer  authorized  to  administer  oaths 
and  filed  with  the  Secretary  of  the  Board  of  Commissioners, 
or  any  other  competent  proof  of  such  publication,  shall  in  all 
courts  be  conclusive  evidence  of  the  legal  publication  and  pro- 
mulgation of  such  ordinances;  Provided,  that  amendments 
and  corrections  made  in  digesting  and  revision  for  publication 
in  book  form  need  not  be  so  published. 

Ordinances  passed  by  the  Board  of  Commissioners  and  requir- 
ing publication  shall  take  effect  and  be  in  force  from  and  after 
the  tenth  publication  thereof,  unless  it  be  otherwise  expressly 
provided  in  such  ordinance.  Ordinances  passed  by  the  Board 
of  Commissioners  and  not  requiring  publication  shall  take  effect 
and  be  in  force  from  and  after  their  passage,  unless  it  shall 
therein  otherwise  expressly  be  provided.  All  ordinances  of 
the  city,  when  printed  and  published  and  bearing  on  the  title 
page  thereof  the  words  "Ordained  and  published  by  the  Board 
of  Commissioners  of  the  City  of  Galveston,"  or  words  of  like 
import,  shall  be  prima  facie  evidence  of  their  authenticity  and 
shall  be  admitted  and  received  in  all  courts  and  places  without 
further  proof. 


Ordinances; 
style  of • 


Sec.  18.  The  style  of  all  ordinances  shall  be,  "Be  it  ordained 
by  the  Board  of  Commissioners  of  the  City  of  Galveston,"  but 
such  caption  may  be  omitted  when  said  ordinances  are  pub- 


Charter  of  the  City  of  Galveston        Sec.  ipa-iQb  15 

lished  in  book  form  or  are  revised  and  digested  under'  the  order 
of  the  Board. 

Sec.  19.     The  Board  of  Commissioners  at  their  first  meeting:  charter  offi- 

°  cers;  appoint- 
after  their  quahfication,  or  so  soon  thereafter  as  possible,  shall  ^ent  of. 

select  the  following  officers,  to-wit:  a  secretary,  a  treasurer, 
an  attorney,  a  recorder  or  judge  of  the  Corporation  Court,  an 
assessor  and  collector  of  taxes,  a  chief  of  police,  a  chief  of  the 
fire  department,  an  engineer  who  shall  also  be  superintendent 
of  streets,  an  auditor,  a  secretary  of  waterworks  and  sewerage 
departments,  a  harbor  master,  a  sexton,  a  superintendent  of 
waterworks  and  sewerage,  an  engineer  of  the  waterworks,  an 
assistant  engineer  of  the  waterworks;  and,  if  deemed  necessary 
by  the  Board,  an  inspector  of  waterworks  and  sewerage  plumb- 
ing, an  assistant  chief  of  police,  an  assistant  chief  of  the  fire 
department  and  an  assistant  city  engineer.  All  said  officers 
so  elected  shall  hold  their  offices  for  two  years,  and  until  the  office, 
election  and  qualification  of  their  successors,  unless  removed 
by  the  said  Board  of  Commissioners  under  the  authority  vested 
in  it  by  this  Act.  No  one  shall  be  eligible  to  appointment  or 
election  to  the  foregoing  offices  or  any  of  them  unless  he  be  at  ah  officers 
the  time  of  his  appointment  a  qualified  voter  in  the  City  of?otersf 
Galveston. 

SECRETARY. 

(a)  It  shall  be  the  duty  of  the  Secretary  to  attend  every  city  Secretary 
meeting  of  the  Board  of  Commissioners  and  keep  the  minutes  "^^^-^^^^y- 
and  records  of  all  their  proceedings  in  a  well  bound  book  kept  for 

that  purpose,  and  he  shall  perform  such  other  duties  as  may  be 
required  of  him  by  said  Board,  and  shall  receive  a  salary  not 
to  exceed  fifteen  hundred  ($1500.00)  dollars  per  annum,  pay- 
able monthly. 

TREASURER. 

(b)  The  Treasurer  shall  give  bond  in  such  amount  and  in  Treasurer^ 
such  form  as  may  be  required  by  the  said  Board,  in  a  sum  not  "    ' 
less  than  $100,000.00  and  with  two  or  more  good  and  sufficient 


i6 


Sec. 19b 


Charter  of  the  City  of  Galveston 


Daily  deposits 
with  Treasurer 

Duplicate 
receipts. 


Treasurer's 
receipts 
handed  to 
Auditor. 


Treasurer's 

monthly 

reports. 


Treasurer- 
new  bond 
required. 


City  deposi- 
tories— daily 
deposits  by 
Treasurer. 


sureties  to  be  approved  by  the  President  of  the  Board  and  the 
Commissioner  of  Finance  and  Revenue,  said  bond  to  be  condi- 
tioned for  the  faithful  discharge  of  his  duties.  It  shall  be  his 
duty  to  receive  and  keep,  as  herein  provided,  all  money  belong- 
ing to  said  city,  and  to  pay  out  the  same  only  on  warrants  drawn 
by  the  Auditor  and  signed  by  the  President  of  said  Board,  and 
countersigned  by  the  Commissioner  of  Finafice  and  Revenue 
under  the  seal  of  said  Board,  and  not  otherwise.  All  moneys 
belonging  to  said  city,  and  received  by  any  officer  or  agent 
thereof,  either  from  collections,  fines,  or  any  other  source  what- 
soever, shall  be  by  him  deposited  with  the  said  Treasurer  daily. 
For  all  moneys  received  the  Treasurer  shall  give  duplicate 
receipts  in  all  cases,  one  to  the  party  paying  the  said  money 
into  the  treasury  and  one  for  the  Auditor.  All  persons  charged 
with  the  collection  of  any  money  under  this  Act,  or  ordinance 
passed  in  pursuance  thereof,  shall  promptly  pay  the  same  over 
to  the  Treasurer,  under  such  penalty  as  may  be  prescribed  by 
ordinance,  and  shall  forthwith  hand  the  Treasurer's  receipt  to 
the  Auditor,  who  shall  countersign  the  original  receipt  and 
retain  the  duplicate;  and  the  party  paying  shall  then  hold  said 
original  receipt. 

Said  Treasurer  shall  render  a  full  and  correct  statement  of 
his  receipts  and-  payments  to  the  Board  of  Commissioners  at 
the  first  regular  meeting  of  the  Board  of  Commissioners  in  each 
month,  and  whensoever  at  other  times  he  ma}^  be  required  by 
any  member  of  said  Board  so  to  do. 

The  Board  of  Commissioners  shall  have  the  right  to  require 
of  the  Treasurer  a  new  bond  whenever  in  their  opinion  the  exist- 
ing bond  is  insufficient,  and  whenever  such  new  bond  is  required 
he  shall  perform  no  official  act  until  said  bond  shall  be  given 
and  approved  in  the  manner  aforesaid. 

The  said  Treasurer  shall  make  daily  deposits  of  such  sums 
of  money  as  shall  be  received  by  him  from  all  sources  of  revenue 
whatsoever,  to  his  credit  as  Treasurer  of  said  city,  in  one  or 
more  banks  situated  in  said  city,  to  be  selected  by  said  Board 
of  Commissioners,  and  any  such  bank,  before  any  such  deposit 
is  made  therein,  shall  be  required  to  enter  into  an  obligation 


Charter  of  the  City  of  Galveston  Sec.  19c  17 

with  the  said  Board  of  Ccmmissioners  to  pay  into  the  treasury  Contract  and 
of  such  city  interest  at  a  rate  to  be  fixed  by  said  Board  of  Com- 
missioners, and  which  rate  may  be  changed  in  the  same  manner, 
such  rate  not  to  be  less  than  three  (3)  per  centum  per  annum,  Rate  of 

interest. 

which  said  interest  shall  be  payable  at  the  end  of  each  month 
and  shall  be  based  on  the  average  daily  balances  for  the  month. 
The  said  bank  shall  also  execute  a  good  and  sufficient  bond,  Bond— ,   , 

.  .      .  approval  of. 

with  sureties  to  be  approved  by  the  said  Board  of  Commissioners, 

and  conditioned  that  such  bank  will  safely  keep  and  account 

for,  and  pay  over  said  money  on  demand  and  as  ordered  by  tlie 

Board  of  Commissioners.     The   said   Board  of  Commissioners 

in  the  selection  of  any  such  depository  bank  shall  take  into  Reputation 

consideration    the    reputation    and    solvency   thereof,    and   the  Jf^^g^^^^^Jj^g 

sufficiency  of  the  security  offered  by  such  bank.     All  interest  *'*'°^^^®^®*^- 

paid  by  any  such  bank  upon  such  balances  shall  be  collected 

by  the  Treasurer  of  said  city,  and  shall  be  by  him  reported  in  j^terest— how 

his  next  statement  follo^ving  such  collection,  and  shall  be  con- ^^^p^^®^  °^' 

sidered  and  treated  as  part  of  the  general  fund  of  such  city, 

subject  to  use  for  any  legitimate  municipal  purpose. 

And  said  Treasurer  shall  do  and  perform  such  other  acts  as  Treasurer- 
such  Board  of  Commissioners  may  require  of  him,  and  for  ^U^^^''^^" 
such  services  he  shall  receive  such  salary  as  may  be  fixed  by 
the  Board,  not  exceeding  the  sum  of  twelve  hundred  ($1200) 
dollars   per   annum,    payable   in   equal   monthly   installments. 


ASSESSOR  AND  COLLECTOR. 

(c)     The  Assessor  and  Collector  shall  make  up  all  the  assess-  Assessor  and 

Collector — 

ments  of  all  property  for  taxation  in  said  city,  including  the  duties. 

license  and  occupation  taxes,  and  make  rolls  thereof,   and  on 

completion  of  the  said  rolls  he  shall  report  the  same  to  said 

Board  of  Commissioners  for  their  action.     He  shall  have  power 

and  authority  to  administer  any  and  all  oaths  in  connection  J^^^^^^^*"*^" 

with  the  duties  of  his  office  as  required  by  the  Board  of  Com- 


i8 


Sec.  19c 


Charter  of  the  City  of  Galveston 


Board  of 
equalization. 


Supplemental 
tax  lists. 


Taxes; 
collection  of. 


Bond  of 
Assessor  and 
Collector. 


missioners  or  otherwise  by  law.  It  shall  be  the  duty  of  said 
Board,  as  soon  as  the  assessment  rolls  of  taxes  due  the  city  are 
completed,  to  sit  as  a  board  of  equalization,  to  equalize  the  taxes 
assessed  on  said  rolls,  and  in  addition  to  the  powers  granted 
them  by  this  Act  they  shall  also  have  the  same  powers  and 
perform  the  same  duties  as  the  County  Commissioners'  Courts 
of  this  State  in  regard  to  the  assessment  of  property  for  taxation, 
and  the  equalization  thereof,  and  shall  be  governed  in  their 
procedure  and  acts  in  this  respect  as  is  now  provided  by  the 
laws  of  this  State  relating  to  the  equalization  of  State  and 
County  taxes  by  the  said  Commissioners'  Courts:  Provided, 
however,  that  said  Board  shall  not  sit  for  more  than  thirty  (30) 
days  in  performing  the  duties  herein  prescribed. 

It  shall  also  be  the  duty  of  the  said  Assessor  and  Collector 
to  make  out  lists  of  all  property,  real  and  personal,  which  has 
not  been  given  in  for  assessment  either  for  the  current  or  any 
former  year  or  years,  according  to  the  provisions  of  this  Act 
and  ordinances  made  in  pursuance  thereof,  and  to  assess  the 
same  in  the  name  of  the  owner,  if  he  be  known,  and,  if  not, 
then  it  shall  be  assessed  by  description  of  the  property,  and 
by  the  name  of  the  last  known  owner,  or  as  "unknown,"  as  the 
case  may  be,  and  the  value  of  such  property  shall  be  deter- 
mined by  said  Board  of  Commissioners  sitting  as  a  board  of 
equalization ;  and  such  action  may  be  taken  to  enforce  the  collec- 
tion of  taxes  so  assessed,  if  the  same  are  not  paid,  as  is  herein 
prescribed  for  the  collection  of  taxes  on  property  given  in  for 
assessment. 

Said  Assessor  and  Collector  shall  also  collect  all  taxes  levied 
by  this  Act,  including  any  tax  levied  for  public  schools,  and  in 
the  collection  of  the  same,  in  the  event  of  non-payment,  he 
shall  proceed  in  accordance  with  the  provisions  of  the  laws  of 
the  State  governing  the  collection  of  taxes,  and  shall  have  the 
right  to  employ  such  remedies  to  enforce  such  collection  as  are 
provided  by  the  laws  of  the  State  for  the  collection  of  taxes 
levied  for  State  and  County  purposes. 

He  shall  give  bond  in  such  amount  and  in  such  form  as  said 
Board  of  Commissioners  may  provide,  in  a  sum  not  less  than 


Charter  of  the  City  of  Galveston  Sec.  igd  19 

twenty-five  thousand  ($25,000)  dollars,  with  two  or  more  good 
and  sufficient  sureties  to  be  approved  by  the  President  of  said 
Board  and  the  Commissioner  of  Finance  and  Revenue;  and  the 
Board  of  Commissioners  shall  have  the  right  to  require  a  new 
bond  whenever  in  their  opinion  the  existing  bond  is  insufficient, 
and  whenever  such  new  bond  is  required  he  shall  perforni  no 
official  act  until  said  bond  shall  be  given  and  approved  in  the 
manner  aforesaid. 

He  shall  daily  pay  over  to  the  Treasurer  all  moneys  by  him  Daily  deposits 
collected,  and  shall  report  to  said  Board  of  Commissioners  at  measurer 

the  first  meeting  of  that  body  in  every  month  a  full  statement 
of  all  moneys  so  collected  and  paid  over  by  him;  and  shall  per- 
form all  such  other  duties,  and  in  such  manner,  according  to 
such  rules  and  regulations  as  the  said  Board  of  Commissioners 
shall  prescribe.  He  shall  receive  for  his  services  an  annual  Salary, 
salary  not  to  exceed  the  sum  of  eighteen  hundred  ($1800)  dollars. 


ATTORNEY.  --^ 

(d)     It  shall  be  the  duty  of  the  Attorney  to  represent  the  Attorney— 
said  Board  of  Commissioners  in  all  cases  brought  for  or  against  ^^*'®^- 
said  city  in  the  courts  of  the  State,  or  of  the  United  States,  in 
the  County  of  Galveston  and  in  the  Corporation  Court  of  said 
city.     When   requested  by   the   said   Board   of  Commissioners 
or  any  member  thereof,  he  shall  in  writing  give  legal  advice  on 
all  questions  that  may  be  referred  to  him,  and  shall,  also  in 
writing,  advise  the  officers  of  said  city  as  and  when  he  may  be 
called  on  for  said  advice.     He  shall,  when  requested,  prepare 
all  ordinances,   and  examine,   supervise,   prepare  and  approve  g^j^^   ^^^ 
as  to  form  all  contracts  made  by  or  with  the  said  Board  of  Com- commissions. 

-^  Bona. 

missioners.  He  shall  receive  an  annual  salary  not  to  exceed 
twelve  hundred  dollars  ($1200)  and  such  commissions  as  may 
be  allowed  by  said  Board  of  Commissioners;  Provided,  that  no 
commissions  exceeding  five  (5)  per  cent  shall  be  allowed  said 
Attorney  fpr  the  collection  of  taxes,   and,  then  only  on  such 


20 


Sec.  196 


Charter  of  the  City  of  Galveston 


taxes  as  he  may  collect  under  the  order  of  the  Board.     He  shall 
Bond.  give  bond  for  the  faithful  performance  of  his  duties  in  the  sum 

of  five  thousand  ($5000)  dollars. 

AUDITOR. 


Auditor — 
duties. 


Salary  and 
bond. 


(e)  It  shall  be  the  duty  of  the  Auditor  to  examine  in  detail 
all  bills,  accounts  and  claims  against  the  said  city,  and,  if  found 
correct,  sign  his  name  in  approval  thereof;  but,  if  found  incorrect, 
he  shall  return  them  to  the  party, presenting  the  same  for  cor- 
rection. He  shall  be  the  general  accountant  of  the  said  city, 
and  shall  keep  in  books  regular  accounts  of  all  real,  personal 
and  mixed  propertyof  the  said  city,  of  all  receipts  and  disburse- 
ments of  money,  and  under  proper  heads,  separately,  each 
source  of  receipt  and  the  cause  of  each  disbursement;  and  shall 
also  keep  an  account  with  each  person,  including  the  officers, 
who  have  money  transactions  with  the  said  city,  crediting 
amounts  allowed  by  proper  authority,  and  specifying  the  par- 
ticular transaction  to  which  such  entries  apply.  It  shall  also 
be  his  duty  at  least  once  in  each  month  to  examine  the  books 
of  accounts  of  all  officers  of  said  city  charged  with  the  receipt 
and  disbursement  of  money,  and,  if  they  be  found  incorrect, 
to  at  once  make  a  report  in  writing  of  the  same  to  the  Commis- 
sioner of  Finance  and  Revenue.  It  shall  also  be  his  duty  to 
examine  all  warrants  and  countersign  the  same  after  appropria- 
tion has  been  duly  made  to  pay  the  same  by  said  Board  of  Com- 
missioners; and  he  shall  render  such  other  services  from  time 
to  time  as  said  Board  of  Commissioners  may  direct.  He  shall 
receive  for  his  services  such  compensation  as  said  Board  may 
determine,  not  to  exceed  fifteen  hundred  ($1500)  dollars  per 
annum,  and  shall  give  bond  for  the  faithful  performance  of  his 
duties  in  the  sum  of  ten  thousand  ($10,000)  dollars,  with  two 
or  more  good  and  sufficient  sureties,  to  be  approved  by  the 
President  of  the  Board  and  by  the  Commissioner  of  Finance 
and  Revenue. 


•    Charter  of  the  City  of  Galveston         Sec.  igf-igg  2l 

HEALTH  PHYSICIAN. 

(f)  The   Board   of   Commissioners   shall   also,   at   their   first  Health  Physi- 

.  ,      .  , .  ^  .  1  r  •    ^i^'^ — duties. 

meetmg  after  their  qtialmcation,  or  as  soon  thereafter  as  possi- 
ble, elect  a  Health  Physician,  who  shall  be  a  physician  in  actual 
practice,  who  shall  be  charged  with  the  duty  of  enforcing  all 
quarantine  regulations  and  of  keeping  the  streets,  alleys  and 
sidewalks  of  said ,  City  and  all  premises  therein  in  a  sanitary 
condition,  and  he  shall  be  authorized  to  enter  all  houses  and 
other  places,  public  or  private,  at  all  times,  in  the  discharge  of 
his  duties  for  improving  and  maintaining  the  sanitation  of  said 
City  and  the  prevention  and  suppression  of  diseases,  and  shall 
have  the  power  to  abate  or  cause  to  be  abated  all  nuisances 
which  may  endanger  or  affect  the  health  or  comfort  of  the  people 
of  said  city  and  generally  to  do  all  acts  and  make  all  regulations 
that  may  be  necessary  or  expedient  for  the  promotion  of  health 
or  the  suppression  of  disease.  He  shall  receive  an  annual  Salary  and 
salarv  of  not  to  exceed  fifteen  hundred  dollars.  He  shall  give 
a  bond  for  the  faithful  performance  of  his  duties  in  the  sum  of 
five  thousand  dollars,  with  two  or  more  good  and  sufficient 
sureties,  to  be  approved  by  the  President  of  the  Board  and  the 
Commissioner  of  Finance  and  Revenue;  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  said  Board  of  Commis- 
sioners. 

ENGINEER. 

(g)  The  Engineer  of  said  city  shall  be  a  professional  civil  Engineer- 
engineer,  and  it  shall  be  his  duty  to  ascertain  the  established  [Amended  Acts 
monuments   of   said   city,    and   from   them   to   extend   surveys 
thereof,  and  establish  others,  and  to  locate,  establish  and  survey 

all  private  property,  streets  and  alleys  within  the  territorial 
limits  of  said  city  when  so  called  on  or  required  so  to  do.  He 
shall  also  maintain  the  grade  of  all  the  streets  and  alleys  in  said 
city,  and  exercise  general  supervision  and  superintendence 
over  all  work  undertaken  on  the  streets,  alleys  and  public 
squares  thereof;  make  estimates  and  plans,  and  give  instructions 


2  2  Sec.  iQh  Charter  of  the  City  of  Galveston 

as  to  grading  or  otherwise  improving  the  same,  and  with  respect 
to  the  construction  of  sidewalks  so  as  to  secure  and  preserve 
proper  proportions  and  uniformity  in  the  height  and  width 
thereof;  and  also  to  superintend  and  direct  the  construction 
of  all  culverts,  bridges,  drains,  ditches,  and  other  improvements 
projected  by  said  Board;  and  he  shall  see  that  all  parties  con- 
tracting with  said  Board  to  do  any  work  as  aforesaid  shall  faith- 
fully perform  their  contract,  and  in  the  event  of  their  failure 
so  to  do  it  shall  be  his  duty  to  report  the 'same  to  the  President 
of  said  Board.  He  shall  also  have  and  exercise  general  super- 
vision over  the  construction  of  all  railways  which  may  at  any 
time  be  constructed  through  the  streets  of  said  city,  requiring 
them  to  conform  to  the  established  grade,  so  as  not  to  impede 
the  use  and  passage  of  said  streets;  and  he  shall  perform  such 
other  duties  as  may  be  prescribed  by  the  Board.  He  shall 
Salary  and  reccive  for  his  services  a  salary  not  to  exceed  fifteen  hundred 
^®®^-  ($1500)  dollars  per  annum,  and  such  fees  as  the  Board  may  by 

ordinance  prescribe  for  making  surveys  and  fixing  boundaries 
of  private  property  or  other  work,  which  fees  shall  be  paid  by 
the  owners  of  such  private  property  or  other  person,  as  may  be 
directed  by  the  Board;  but  in  no  event  shall  such  fees  be  charged 
against  or  collected  of  the  city  for  any  work  done  by  said 
Engineer. 

HARBOR  MASTER. 

Harbor^Master  (h)  The  Harbor  Master  shall  have  the  power  to  regulate 
and  station  all  ships  or  other  vessels  in  the  harbor  or  harbors 
of  said  city,  and  at  the  wharves  thereof,  or  moored  or  anchored 
near  thereto,  and  to  superintend  and  enforce  the  execution  of 
all  rules  and  ordinances  regulating  the  clearing  of  the  docks  in 
said  city,  and  to  prevent  and  remove,  or  require  the  removal 
of,  all  nuisances  about  them;  to  prevent  the  filling  up  of  the 
harbor  and  channel  in  said  city,  and  generally  to  direct  and 
control  the  manner  of  loading  and  unloading  the  vessels  at  the 

Salary.  docks   or  wharvcs   in   said   city.     He   shall   receive   an   annual 


Charter  of  the  City  of  Galveston  Sec.  iqI-iqJ  23 

salary  of  not  exceeding  one  thousand  ($1000)  dollars.  HegQ^j. 
shall  give  bond  for  the  faithful  performance  of  his  duties  in  the 
sum  of  five  thousand  ($5000)  dollars,  with  two  or  more  good 
and  sufficient  sureties,  to  be  approved  by  the  President  of  said 
Board  and  by  the  Commissioner  of  Finance  and.  Revenue,  and 
to  perform  such  other  duties  as  may  be  prescribed  by  said 
Board  of  Commissioners. 

SUPERINTENDENT   OF   WATERWORKS  AND 
SEWERAGE. 

(i)  The  Superintendent  of  Waterworks  and  Sewerage  shall  Superintendent 
have  full  charge  of  the  city  waterworks  and  city  sewerage  sys-  and  Sewerage 
tem  and  all  property  connected  therewith,  and  shall  manage 
and  control  the  same.  He  shall  inspect  all  parts  of  said  water- 
works and  sewerage  systems  and  see  that  they  are  maintained 
in  good  condition  for  use  and  are  being  properly  cared  for,  and 
that  all  employees  of  the  waterworks  and  sewerage  departments 
are  attending  to  their  respective  duties.  He  shall  keep  in  good 
repair  the  pumps,  hydrants  and  all  other  waterworks  and 
sewefage  fixtures  and  property,  and  under  the  direction  and 
orders  of  the  Board.  He- shall  employ  all  such  laborers  as  may 
be  necessary  in  said  departments.  The  Superintendent  shall 
perform  all  such  other  duties  as  may  be  prescribed  by  the  Board 
of  Commissioners,  by  ordinance  or  resolution,  and  shall  receive 
for  his  services  the  sum  of  not  exceeding  twelve  hundred  ($1200)  Salary, 
dollars    per    annum,    payable    in    equal    monthly    installments. 

ENGINEER  AND  ASSISTANT  ENGINEER  OF 
WATERWORKS. 

(j)     The    Engineer   of   said   waterworks   shall   perform   such  Engineer  of 
duties  as  may  be  prescribed  by  the   Board  of  Commissioners 
and   shall   receive   for  his   services  the   sum   of  not   exceeding 
fifteen  hundred   ($1500)   dollars  per  annum,  payable  in  equal 
monthly  installments.     The  Assistant  Engineer  shall  take  the  Assistant, 
place  of  the  Engineer  during  his  absence  and  shall  perform  such  Duties. 


2  4  Sec.  19k- 1 9m       Charter  of  the  City  of  Galveston 

Salary.  dutics  as   shall  be  required  of  him  by   the   Board.     He   shall 

receive  a  salary  of  not  exceeding  ten  hundred  and  eighty  ($1080) 
dollars  per  annum,   payable  monthly. 

SECRETARY  OF  WATERWORKS  AND  SEWERAGE. 

wSworkf  (^^     ^^  ^^^^^  ^^  ^^^  ^^^y  °^  ^^^  Secretary  of  Waterworks  and 

— du^tr^^^^^  Sewerage  to  keep  regular  sets  of  books  for  waterworks  and 
sewerage  accounts,  showing  in  detail  the  business  transactions 
of  his  department,  and  to  report  to  the  Board  of  Commissioners 
at  the  beginning  of  each  month  the  transactions  of  the  preceding 
month,  including  a  payroll  of  its  officers,  agents  and  employees, 
and  a  correct  account  of  all  collections,  purchases,  expenditures 
and  approved  claims  entitled  to  payment.  He  shall  give  bond 
Siar^  ^"^  ^^-^  ^^^  faithful  performance  of  his  duties  in  the  sum  of  ten 
thousand  ($10,000)  dollars,  with  two  or  more  good  and  sufficient 
sureties,  and  shall  receive  a  salary  of  not  exceeding  fifteen 
hundred  ($1500)  dollars  per  annum,  payable  monthly. 

INSPECTOR  OF  WATER  AND   SEWERAGE  PLUMBING. 

Inspector  of  (1)     The    Inspcctor  of  Water   and   Sewerage    Plumbing   shall 

^Vflitcr  WO  rks 

and  Sewerage  havc  supcrvision  of  all  watcrworks  and  sewerage  plumbing 
[Amended  Acts  and  conncctious.  He  shall  have  authority  to  enter  all  premises 
and  inspect  such  connections,  and  enforce  all  regulations  of  the 
Board  concerning  the  same.  He  shall  make  regular  reports, 
Bond  and  as  may  be  required  by  the  Board.  He  shall  give  bond  in  such 
sum  as  may  be  ordered  by  the  Board,  and  shall  receive  a  salary 
not  to  exceed  twelve  hundred  dollars  ($1200)  per  annum,  payable 
monthly. 

SEXTON. 

(m)     It  shall  be  the  duty  of  the  Sexton  to  exercise  a  general 
Sexton—         superintendence  over  all  cemeteries  in  said  city,  whether  belong- 

duties 

ing  to  said  city  or  not.  He  shall  keep  a  registry  of  all  burials 
and  the  location  thereof,  in  said  cemetery,  of  all  persons  buried 
within  the  territorial  limits  of  said  city,  and  keep  all  walks  in 


Charter  of  the  City  of  Galveston  Sec.  20  25 

the  cemeteries  belonging  to  said  city  in  good  condition  and  free 
from  rubbish,  and  generally  to  have  charge  of  the  interment 
of  all  bodies  within  said  city.  He  shall  perform  such  other 
duties  as  may  be  required  of  him  by  said  Board  of  Commis- 
sioners, and  shall  receive  for  his  services  not  more  than  one 
thousand  ($1000)  dollars  per  annum,  to  be  paid  in  equal  monthly  gaiary. 
installments,  and  such  fees  as  may  be  allowed  by  ordinance. 


Sec.  20.     Said  Board  of  Commissioners  shall  have  full  power  PoUce  depart- 
and  authority  to  establish  and  maintain  a  police  department,  lishm'ent  of; 
to  be  composed  of  a  Chief  of  Police,  an  Assistant  Chief  of  Police,  — appoint-^  ^^^ 
two  sergeants  and  such  number  of  patrolmen  or  policemen  asgeant's;  patroi- 
such   Board  may   deem  necessary,   said  officers  and  members™^"* 
of  said  police  department  to  be  appointed,  and  their  compensa- 
tion and  duties  to  be  fixed,  defined  and  regulated  as  hereinafter 
provided ;  and  shall  also  have  power  and  authority  to  establish  Fire  Depart- 

j...  r:j.-j.j.j.  i::  •  j  ment — estab- 

and  mamtam  a  nre  department,  to  procure  fire  engmes  and  lishment  of. 
other  apparatus  for  the  extinguishment  of  fires,  and  provide  procured."^^ 
engine,  houses  for  keeping  and  preserving  the  same,  and  said  fire 
department  shall  be  composed  of  a  Chief  of  the  Fire  Department,  ^^j^-gf.  assistant 
an  Assistant  Chief  of  the  Fire  Department,  and  such  number  ^^^^^^^^^'"^ 
of  firemen  as  said  Board  may  deem  necessary,  the  officers  and  ^^^^g^^^^^^"^" 
members  of  said  fire   department  to  be   appointed  and  their 
compensation   and   duties   to   be   fixed,    defined   and   regulated 
as  hereinafter  provided. 

At  the  first  meeting  of  said  Board  of  Commissioners  after 
their  qualification,  or  as  soon  thereafter  as  possible,  it  shall  be 
the  duty  of  the  Commissioner  who  may  be  selected  as  Police  Duty  of  Police 
and  Fire  Commissioner  to  prepare  and  present  to  the  Board  of  migsioie^r.    ™' 
Commissioners'  in  writing  his  recommendations  of  persons  for 
appointment,  both  in  said  police  and  fire  departments,  based 
on   the   integrity    of   character   and   physical    and   intellectual 
capacities  of  the   applicants  for  such  positions;   and  the   said 
Board  of  Commissioners  shall,  upon  receiving  such  recommenda- 
tions, select  therefrom  proper  persons  to  fill  such  positions  in  getection*.  "^^  ^ 
the  departments  respectively  as  may  be  by  them  deemed  wise 


26 


Sec. 


Charter  of  the  City  of  Galveston 


Failure  to 
make  list  of 
appointment  ^ 


Board   to   elect 
when. 


Good  men  of 
old  force 
preferred. 


Suspensions. 


Report 
suspensions. 


Copy  to 

suspended 

officer. 


Charges  heard 
by  Police  and 
Fire  Commis- 


Rules  and 
Regulations 
made  by  Board 


and  necessary;  and  upon  the  failure  or  refusal  of  said  Police 
and  Fire  Commissioner  to  present  said  recommendations  at 
the  second  regular  meeting  of  said  Board,  it  shall  thereafter 
proceed  to  elect  proper  persons  to  fill  such  positions;  Provided, 
however,  that  so  far  as  it  may  be  practicable  and  consistent 
with  good  order,  discipline  and  improvement  of  the  public 
service,  it  shall  be  the  duty  of  said  Police  and  Fire  Commissioner 
to  prefer  in  recommendations  to  said  Board  for  appointment 
to  the  police  and  fire  departments,  respectively,  those  men 
who  have  proved  themselves  capable,  good  and  efficient  in 
the  performance  of  their  duties,  and  the  said  Board  shall  give 
due  weight  to  such  recommendations;  Provided,  however,  that 
the  Chief  of  Police  and  Chief  of  the  Fire  Department  shall  have 
the  power  to  •  temporarily  suspend  any  subordinate  officer  or 
member  of  their  departments,  respectively,  for  reasons  satis- 
factory to  said  Chief  of  Police  or  Fire  Department,  as  the  case 
may  be,  and  to  appoint  some  person  to  discharge  the  duties  of 
sucl)  suspended  officer  or  member  until  the  grounds  of  such 
suspension  can  be  inquired  into  by  the  Police  and  Fire  Com- 
missioner; and  it  shall  be  the  duty  of  the  chief  in  whose  depart- 
ment such  suspension  shall  occur  to  report  the  same  in  writing 
within  three  (3)  days,  with  the  reasons  therefor,  to  the  said 
Police  and  Fire  Commissioner,  and  also  to  furnish  such  sus- 
pended officer  or  member  with  a  copy  thereof  within  like  time. 
Said  Police  arid  Fire  Commissioner  is  hereby  invested  with 
exclusive  jurisdiction  to  hear  and  determine  any  and  all  charges 
against  any  member  of  the  police  and  fire  departments  for 
infractions  of  discipline,  disobedience-  of  orders,  incompetency, 
corruption,  malfeasance  or  nonfeasance  in  office,  for  violation 
of  any  of  the  rules  or  regulations  prescribed  for  the  government 
of  said  police  and  fire  departments,  or  for  any  conduct  unbe- 
coming an  officer  or  member  of  the  said  departments,  respect- 
ively ;  and  every  officer  and  member  of  the  police  and  fire 
departments  shall  obey  all  lawful  rules  and  regulations  pre- 
scribed by  said  Board  of  Commissioners  for  the  government 
of  said  police  and  fire  departments  on  pain  of  dismissal,  or  such 
lighter    punishment,    either   by    suspension,    reduction    or    for- 


Charter  of  the  City  of  Galveston  Sec.   20  27 

feiture  of  pay,  or  otherwise,  as  the  said  PoHce  and  Fire  Com- Charges 
missioner  may  adjudge;  Provided,  however,  that  all  charges  or  ^^^'"^*  ^^'^^^• 
complaints  against  the  Chief  of  Police  or  the  Chief  of  the  Fire 
Department  shall  be  heard  and  determined  by  said  Board  of 
Commissioners  as  provided  in  this  Act  in  case  of  trial  before 
said  Board  of  Commissioners.     In  case  of  any  charges  or  com- 
plaints made  under  the  provisions  of  this  section  against  any 
member  of  said  fire  or  police  departments  within  the  jurisdic-  poii^e  and  Fire 
tion  of  the   Police  and  Fire  Commissioner,  he  shall  have  the  ^ay'^^m'imV 
power  to  administer  oaths  to  summon  and  compel  the  attend- gu^n^^o^^^' 
ance  of  witnesses  before  him,  and  to  examine  such  witnesses ^'*'^^^^^^- 
upon  any  matter  where  it  may  be  necessary  to  the  discharge 
of  his  duties. 

The  Chief  of  Police  shall  attend  upon  the  court  which  may  be  chief  of  Police 

^  to  attend  court 

designated  by  law  for  the  trial  of  offenses  arising  under  this 
Act,  under  any  ordinance,  rule  or  regulation  enacted  by  the 
Board  of  Commissioners  pursuant  to  this  Act,  and  shall  promptly 
and  faithfully  execute  all  writs  and  process  issuing  from  said  Execute 

process. 

court.     He  shall  be  the  chief  police  officer  of  said  city  and  shall 

have  like  power  with  the  sheriff  of  the  county  to  execute  the  Like  power  of 

Shenn. 

writ  of  search  warrant.  He  shall  be  active  m  quellmg  riots, 
disorders  and  disturbances  of  the  peace  within  the  limits  of  Queii  riots, 

^  rv       J    disturbances, 

the  said  city,  and  shall  take  into  custody  all  persons  so  offend- etc. 
ing  against  the  public  peace,  and  shall  have  the  authority  to 
take  suitable  and  sufficient  bail  for  the  appearance  before  said 
court  of  any  person  charged  with  an  offense  within  the  juris- 
diction of  said  court ;  and  it  shall  be  his  duty  to  arrest  all  persons  Arrest  disturb- 

.  .  .     .       ers.of  peace, 

who  shall  obstruct  or  interfere  with  him  m  the  execution  01  the 
duties  of  his  office,  or  who  shall  be  guilty  of  disorderly  conduct, 
or  any  disturbance  whatever.  To  prevent  a  breach  of  the 
peace,  or  to  preserve  quiet  and  good  order,  he  shall  have  authority  Close  theaters, 

,  ^  \  ■,      ^■,  -1    •     1  •  1  barrooms,  etc. 

to  close  any  theater,  barroom,  ballroom,  drinking  house  or  any 
other  place  or  building  of  public  resort,  and  in  the  prevention 
and  suppression  of  crime  and  the  arrest  of  offenders  within 
said  city,  he  shall  have,  possess  and  execute  like  power,  authority  other-duties; 

I  1        •  rv      <•  -111  r  j^i  •     boiid;    salary. 

and  jurisdiction  as  the  sheriff  of  a  county  under  the  laws  01  this 


28  Sec.  20a  Charter  of  the  City  of  Galveston 

State.  He  shall  receive  a  salary  of  not  exceeding  fifteen  hundred 
($1500)  dollars  per  annum.  He  shall  give  such  bond  for  the 
faithful  performance  of  his  duties,  and  perform  such  other 
duties,  and  possess  such  other  powers,  rights  and  authority,  in 
addition  to  those  herein  provided,  as  the  Board  of  Commissioners 
may  require  and  confer  upon  him,  not  inconsistent  with  the 
Constitution  and  laws  of  this  State  and  the  provisions  of  this 
Act.  In  case  of  the  absence,  sickness  or  inability  to  act,  of  the 
Chief  of  Police,  said  Police  and  Fire  Commissioner  shall  have 
the  power,  and  it  shall  be  his  duty,  to  designate  some  other 
Actin  Chief  of  ^^"^t)er  of  Said  police  department  as  Acting  Chief  of  Police 
Police;  ap-       during  the  period  of   such  absence,  sickness  or  inabilitv  to  act 

pointment  of.  °  ^  ' 

of  said  Chief  of  Police. 

Fire  Chief—  The  Chief  of  the  Fire  Department  shall  be  charged  with  the 

"duty  of  superintending  and  directing  the  extinguishing  of  fires 
and  preservation  and  safe-keeping  of  all  fire  engines,  hose  and 
other  apparatus  used  in  connection  therewith;  he  shall  have 
the  power,  and  it  is  hereby  made  his  duty,  to  keep  away  from 
the  vicinity  of  any  fire  all  idle,  disorderly  and  suspicious  persons, 
and  to  compel  all  officers  of  the  city  and  all  other  persons  to. 
aid  in  the  extinguishment  of  fires  and  the  preservation  of  prop- 
erty exposed  to  danger  thereat,  and  in  preventing  goods  from 
being  stolen,  and  generally  to  carry  out  and  enforce  such  regu- 
lations for  the  prevention  and  extinguishment  of  fires  as  may 
be  by  said  Board  of  Commissioners  deemed  expedient. 

Assistant  Fire       The   Assistant    Chief   of  the    Fire   Department   shall   receive 

le  ,  sa  ary.    ^^  compensation  for  his  services  the  sum  of  not  exceeding  twelve 

hundred    ($1200)    dollars    per    annum.     The    Assistant    Chief 

of  Police  shall  receive  as  compensation  for  his  services  the  sum 

Assistant  Chief  of  not   exceeding  twelve   hundred  ($1200)  dollars  per  annum; 

Siifry!''^'  Provided,  however,  that  neither  the  Assistant  Chief  of  the  Fire 
Department  nor  the  Assistant  Chief  of  Police  shall  be  appointed 
unless  deemed  necessary  by  the  Board  of  Commissioners. 


Proviso. 


Salary.  Scc.  20  (a).     The  Chief  of  the  Fire  Department  of  the  City 

of  Galveston  shall  receive  as  compensation  for  his  services  a 


IS  of 
Engine  houses 
Salary. 

Fireme: 
Salary, 


Charter  of  the  City  of  Galveston  Sec.  21-22  29 

sum  not  exceeding  eighteen  hundred  ($1800)  dollars  pei  annum, 

as  may  be  fixed  by  the  Board  of  Commissioners.     And  so  much 

of  Secton  20  of  said  Charter  of  the  City  of  Galveston  as  fixes 

the  salary  of  the  Chief  of  the  Fire  Department  at  $1500  per 

annum  is  hereby  repealed,  and  the  Captains  of  Engine  Houses  Captain; 

shall  each  receive  a  salary  of  ninety  ($90)  dollars  per  month; Salary 

the  hosemen,  truckmen,  tillermen,  drivers  and  firemen  in  the  Firemen,  etc. 

service  of  the  Fire  Department  shall  receive  a  salary  of  seventy 

($70)  dollars  per  month,  the  engineers  in  the  service  of  the  Fire  f Pf^^^^s^jj^'^ 

Department  shall  receive  a  salary  of   ninety  ($90)    dollars    perg^ary 

month. 

Sec.    21.     Said    Board   of   Commissioners   shall   have   power J^^^®J^«~j 
from  time  to  time  to  require  further  and  other  duties  of  all  ^J^^^^^^ti^^ 
officers  whose  duties  are  herein  prescribed,  and  to  define  and  p^^^^"'^®*^- 
prescribe  the  powers  and  duties  of-  all  officers  elected  to  any 
office   under   this   Act   whose    duties   are   not   herein    specially  ^^^^^^^^^^.^^ 
mentioned,    and   to    fix   their   compensation   when   not   herein  ^^^^^ed  by 
fixed.     They  shall  also  require  bonds  to  be  given  to  said  city 
by  all  officers  for  the  faithful  performance  of  their  duties,  and  give  bonds, 
shall   require   a  new  bond   from   any   officer  whenever  in  the  ^ew  bonds, 
judgment  of  said  Board  the  existing  bond  is  insufficient,  and 
whenever  such  new  bond  is  required  he  shall  perform  no  official 
act  until  said  bond  shall  be  given  and  approved.     The  Board 
of  Commissioners  shall  provide  for  the  filling  of  vacancies  in  ^^'^^°^^®^' 
all  offices  not  herein  provided  for,  and  in  all  cases  of  vacancy 
the  same  shall  be  filled  only  for  the  unexpired  term. 

Sec.  22.     The  present  Board  of  Commissioners,  officers  and  oid  Board  and 

r         ■  1     r^-  r    /^    1  i      11  •  •  ££^       ofEccrs  con- 

employees  of  said  City  or  Galveston  shall  continue  m  omcetinued. 
and  in  the  exercise  of  their  functions  until  the  Mayor  and  Com- 
missioners provided  for  herein  are  elected  as  herein  provided 
and  have  qualified  and  shall  otherwise  provide.  And  all  acts 
done  or  to  be  done,  and  proceedings  taken  or  had  or  to  be  taken, 
or  had  by  or  under  authority  of  said  present  Board  of  Commis- 
sioners in  pursuance  of  or  in  compliance  with  said  Act  of  the 
Legislature,  approved  April   18,   1901,  or  this  Act,  are  hereby 


30 


Sec.  23-24 


Charter  of  the  City  of  Galveston 


Acts  validated,  validated  and  confirmed  to  all  intents  and  purposes  as  though 
no  question  had  ever  been  made  concerning  the  authority  of 
said  present  Board  of  Commissioners. 


Ordinances  Scc.   23.     All  Ordinances,   regulations  or  resolutions  now  in 

continued  in  ° 

force.  force  in  the  City  of  Galveston,  and  not  in  conflict  with  this  act, 

shall  remain  in  force  under  this  Act  until  altered,  modified  or 
repealed  by  the  Board  of  Commissioners  herein  provided  for. 


No  salary  to 
exceed  $900. 


Fees  prohibit- 
ed, except. 


Fees  paid  to 
city. 


City  Electri- 
cian; salary. 


Sec.  24.  The  day  sergeant  and  the  night  sergeant  of  the 
police  force  of  the  City  of  Galveston,  the  linemen  in  the  Water- 
works Department  in  said  City,  the  foreman  of  the  Sewer  Depart- 
ment of  said  City,  the  day  engineer  and  the  night  engineer  in 
the  Waterworks  Department  at  Alta  Loma  shall  each  receive 
a  salary  not  to  exceed  ninety  ($90.00)  dollars  per  month.  Except 
as  herein  c5r  by  this  Charter  provided,  no  salary  shall  exceed 
nine  hundred  ($900.00)  dollars  per  annum  for  any  office  or 
employment  which  said  Board  of  Commissioners  are  authorized 
to  create  under  the  provisions  hereof,  and  no  officer  shall  receive 
fees  or  commissions  except  as  herein  provided  or  as  may  be 
ordered  by  the  Board  of  Commissioners;  and  any  officer 
appointed  or  elected  by  the  Board  may  be  required  by  said 
Board,  in  consideration  of  the  salary  paid  him,  to  collect  and 
pay  over  to  and  for  account  of  the  City  all  fees  to  which  he  may 
be  entitled,  whether  under  the  general  law,  this  Charter,  or 
any  order  of  said  Board  of  Comrnissioners.  And  said  Board 
of  Commissioners  shall  also  have  the  right  to  appoint  a  City 
Electrician  at  a  salary  not  to  exceed  one  hundred  ($100.00) 
dollar.s  per  month,  who  shall  perform  all  such  duties  as  may 
be  required  and  prescribed  by  said  Board  of  Commissioners; 
Provided,  that  the  City  Commission  may  combine  said  office 
of  City  Electrician  and  the  office  of  Superintendent  of  the 
Electric  Light  Plant,  at  a  salary  not  to  exceed  one  hundred 
and  twenty-five  ($125.00)  dollars  per  month. 


Charter  of  the  City  of  Galveston  Sec.  25-29  31 

Sec.  25.     The  duration  of  all  offices  created  by  this  Act,  orxgrmsof 
by  any  ordinance  pursuant  to  this  Act  passed  by  the  Board '^*^^' 
of  Commissioners  of  said  city,   shall  never  exceed  two  years; 
Provided,  nevertheless,  that  the  incumbent  of  any  such  office 
shall  continue  to  perform  the  duties  thereof  until  his  successor,, 

^  Vacancies, 

is  duly  qualified.  In  case  of  vacancy  in  the  Board  of  Commis-  how  filled, 
sioners  of  said  city,  such  vacancy  shall  be  filled  in  the  manner 
provided  in  Section  10  of  this  Act  for  the  unexpired  term,  and 
in  case  of  vacancy  in  any  other  office  in  said  city  the  Board  of 
Commissioners  thereof  shall  fill  such  vacancy  for  the  unexpired 
term. 

Sec.  26.  The  Health  Physician,  Attorney,  Engineer,  Auditor  p^^f^J^^^i^^- 
and  Chiefs  of  PoHce  and  Fire  Departments  shall  attend  air^^^'^'"^- 
regular  meetings  of  the  Board  of  Commissioners  and  any  special 
meeting  of  said  Board  at  which  their  presence  may  be  requested 
by  any  member  of  the  Board.  They  shall  have  the  privilege 
of  participating  in  the  discussion  of  matters  relating  to  their 
respective  departments,  but  shall  have  no  vote. 

Sec.  27.     All  official  bonds  required  under  this  Act,  except  official  bonds 
the   bonds   of  the   members   of  the    Board   of   Commissioners, 
shall  be  made  payable  to  the  City  of  Galveston,  and  shall  be 
in  such  form  and  with  such  sureties  as  the  Board  of  Commis- 
sioners may  prescribe. 

Sec.    28.     It   shall   not  be  necessary  in   anv   action,   suit   or  pity  npt  to  give 

bond  in  judi- 

proceeding  of  any  kind  in  which  the  City  of  Galveston  is  a  party,  ciai^ proceed- 

for  any  bond,  undertaking  or  security  to  be  executed  b}^  or 

in  behalf  of  said  city,  but  all  such  actions,  suits,   appeals  or 

proceedings  shall  be  conducted  in  the  same  manner  as  if  such 

bond,  undertaking  or  security  had  been  given,   and  said  city 

shall  be  liable  to  the  same  extent  as  if  they  had  been  duly  given 

and  executed. 

Sec.  29.     The  Board  of  Commissioners  shall  have  authority  Board  to  create 
from  time  to  time  to  create  and  fill  and  discontinue  offices  and  o^^g^""^''^"^ 
employments  other  than  herein  prescribed  according  to  their 


32 


Sec. 


30-32 


Charter  of  the  City  of  Galveston 


Remove 
officers. 


Fix  compen- 
sation of. 


All  officers 

qualified 

voters. 


judgment  of  the  needs  and  requirements  of  the  city,  and  in 
their  discretion,  by  a  majority  vote  of  all  the  members  of  the 
Board;  to  remove,  for  or  without  cause,  the  incumbent  of  any 
such  office  or  employment,  and  may,  by  order  or  otherwise, 
prescribe,  limit  or  change  the  compensation  of  such  officers  or 
employees.  All  officers  of  the  city  shall  at  the  date  of  their 
appointment  be  qualified  voters  of  the  City  of  Galveston. 


Officers  sick  or      Scc.  30.     In  casc  of  sickucss  or  absence  or  inability  from  any 
tute  for.  cause  on  the  part  of  any  official  to  perform  his  duties,  the  Board 

of  Commissioners  may  provide  for  the  performance  of  such 
duties  by  a  temporary  substitute  of  such  officer,  or  otherwise, 
as  they  may  deem  best,  and  the  acts  performed  by  such  sub- 
stitute or  otherwise,  as  said  Board  may  direct,  shall  be  deemed 
as  valid  for  all  intents  and  purposes  as  though  performed  by 
the  said  official  himself. 


Breaches  of  Sec.  31.     All  of  the  officials  of  said  city  charged  with  dis- 

duty  of  city  -^  ° 

officials;  bursing,    safe-keeping   or  performing   any   other   acts  touching 

the  taxes  or  other  revenues  of  said  city  now  due  or  that  may 
hereafter  become  due,  shall  be  liable  for  any  and  all  breaches 
of  duty  touching  the  same,  as  are  the  State  and  county  officials 
in  regard  to  like  services  and  acts,  and  may  be  proceeded  against 
criminally  and  civilly  in  the  same  way.  It  shall  be  the  duty 
of  the  District  Attorney  of  the  district  in  which  said  City  of 
Galveston  is  situated  to  enforce  all  such  remedies,  civilly  and 
criminally,  just  as  in  the  case  of  State  officers;  Provided,  that 
nothing  in  this  section  shall  impair  the  jurisdiction  of  the  Board 

Right  of  Board  of  Commissioners  in  respect  to  such  offenses,  as  provided  in 
this  Act,  but  all  such  remedies  shall  be  deemed  and  held  to  be 
cumulative. 


District 
Attorney  to 
prosecute. 


Officers — re- 
moval of  for 
incompetency, 
etc. 


Sec.  32.  The  Board  of  Commissioners  shall  have  the  power 
to  remove  any  officer  for  incompetency,  inefficiency,  corruption, 
mal-conduct,  malfeasance,  or  non-feasance  in  office,  or  such 
other  causes  as  may  be  prescribed  by  ordinance  after  due  notice 
in  writing,  and  opportunity  to  be  heard  in  his  defense,  under 
the  rules  and  regulations  hereinafter  set  forth.     That  whenever 


Charter  of  the  City  of  Galveston  Sec.  33  33 

charges  are  preferred  in  writing  under  oath,  and  filed  with  the 
President  of  said  Board  by  any  person  against  any  such  officer 
for  any  or  all  of  the  offenses  named  or  provided  for  as  above, 
it  shall  be  his  duty  to  have  the  accused  duly  served  with  a 
copy  of  such  charges  and  shall  set  a  day  to  inquire  into  the 
truth  of  such  charges,   and  shall  notify  the  accused  and  the  Notice  to 
other  members  of  the  said  Board,  and  the  witnesses  for  and  **'*^"^®'^' 
against  the  accused,  to  be  present,  and  the  said  Board  of  Com- 
missioners shall  constitute  a  Court  to. try  and  determine  said 
case  and  they  are  hereby  invested  with  exclusive  jurisdiction 
to   hear   and   determine   said   charges,   and  may   continue   the  g^^^j  ^^  ^^^ 
investigation  from  day  to  day,  upon  proper  showing,  to  enable  ^^^'"s®^- 
the   accused   or   prosecutor   to   get   material   evidences   before 
said  Board.     The  accused  shall  have  the  right  to  be  heard  in  Accused  en- 

°  ,  titled  to 

person  or  by  counsel,  and  said  Board  shall  likewise  be  repre- counsel, 
sented  by  counsel,  if  they  desire  it.  Upon  the  conclusion  of 
the  investigation  and  argument  of  the  case,  a  vote  shall  be 
taken  on  each  charge  and  specification,  and  if  a  majority  of 
all  members  of  said  Board  vote  to  sustain  either  of  the  charges 
against  the  accused,  said  Board  shall  enter  or  cause  to  be  entered 
its  judgment  in  which  shall  be  recorded  the  vote  of  each  member 

,  .^         .  1  Vote  on 

of  the  Board  upon  the  several- charges  and  specifications,  and  charges, 
an  order  shall  be  entered  removing  the  accused  from  his  office 
and  declaring  the  same  vacant.     But  if  the  vote  is  otherwise, 
the    accused    shall    be    declared    "not    guilty,"    and   judgment 

Judgment 

entered  accordingly.  entered. 

Sec.  33.     The  hospital  in  said  city  known  as  the  "John  Sealy  john  Seaiy 
Hospital,"  shall,  so  long  as  the  same  is  under  lease  from  the 
State  to  the  city,  be  under  the  exclusive  control  of  a  board  of 
managers  to  be  known  as  the  "John  Sealy  Hospital  Board,"  _*J|rm^of office 
and  to  consist  of  five  members  to  be  chosen  or  appointed  as 
hereinafter  provided  every  two  years,  and  within  thirty  days 
after   the   installation   of   each   new    Board   of   Commissioners. 
Two  of  the  members  of  the  said  hospital  board  shall  be  selected  ^jPP''^^*"'^"' 
from  said  Board  of  Commissioners,  two  to  be  named  or  selected 


34 


Sec.  33 


Charter  of  the  City  of  Galveston 


Hosi)ital 
employes — 
selection  and 
discharge  of; 
salaries  and 
duties. 


Anionut  ex- 
pended, fixed 
by  City 
Commissioners 


Rules  and 
regulations. 


Health  Physi- 
cian to  desig- 
nate charity 
patients. 


Pay  patients. 


Charity 
patients  first 
right. 


by  the  Board  of  Regents  of  the  University  of  the  State,  and 
the  fifth  member  to  be  named  or  selected  by  these  four ;  Provided, 
however,  that  all  members  of  said  John  Sealy  Hospital  Board 
shall  be  resident  citizens  of  said  City  of  Galveston,  and  Provided 
further,  that  in  case  a  majority  of  said  four  cannot  agree  upon 
the  fifth  member,  then  such  fifth  member  shall  be  named  or 
designated  by  the  President  of  the  Board  of  Commissioners. 
The  said  John  Sealy  Hospital  Board  shall  have  the  exclusive 
right  to  appoint  the  house  surgeon,  steward,  matron,  nurses 
and  such  other  subordinate  officers  and  employees  of  said 
hospital  as  may  be  required  for  properly  carrying  on  or  con- 
ducting the  same;  to  designate  the  duties  of  such  subordinate 
officers  and  employees;  to  determine  their  salary  and  compen- 
sation, and  change  the  same,  and  to  suspend  or  discharge  them; 
Provided  always,  that  the  said  hospital  board  shall  in  no  event 
exceed  in  any  one  year  in  their  expenditures  the  annual  allow- 
ance set  apart  by  the  Board  of  Commissioners  for  defraying 
the  expenses  thereof;  and  the  said  Board  of  Commissioners, 
as  long  as  said  hospital  is  under  lease  from  the  State  to  the 
said  city,  or  is  in  any  way  responsible  for  such  expenses,  shall 
have  the  exclusive  right  to  determine  and  regulate  the  amount 
to  be  expended  in  carrying  on  or  in  conducting  the  said  hospital. 
The  said  John  Sealy  Hospital  Board  shall  have  the  exclusive 
right  to  prescribe  rules  and  regulations  for  the  management 
and  conduct  of  the  hospital,  and  shall  have  the  exclusive  man- 
agement and  contfol  of  its  internal  government.  The  Health 
Physician  of  said  city  shall  have  the  sole  and  exclusive  right 
and  authority,  whilst  the  city  is  such  lessee,  to  determine  and 
designate  what  person  or  persons  may  be  admitted  as  charity 
patients  into  said  hospital.  Patients  who  pay  for  hospital 
services  rendered  them  may,  however,  be  received  into  said, 
hospital  under  rules  and  regulations  to  be  prescribed  by  said 
Hospital  Board;  Provided,  always,  that  applications  for  admit- 
tance into  said  hospital  for  treatment  as  charity  patients,  with 
written  permits  to  that  effect  signed  by  the  Health  Physician 


Charter  of  the  City  of  Galveston  Sec.  33  35 

of  the  City  of  Galveston,  shall  have  precedence  over  all  others 
applying  for  admittance  therein. 


The  financial  affairs  of  said  hospital,  so  long  as  the  City  of  finances 

^  °  -^  controlled  by- 


Gal  veston  is  such  lessee,   shall  be  under  the  exclusive  control  ^SiSaert. 

of  said  Board  of  Commissioners,  and  the  said  Hospital  Board 

shall  furnish  to  the  said  Board  of  Commissioners,  at  its  regular  .        ,    ,. 

°  Annual  esti- 

meeting  in  February  of  each  year  during  said  lease,  an  itemized  ^^nsL  and 

statement   or  estimate   of  the   various   officers   and   assistants 

and  the  nurses  and  other  employees  and  their  salaries  and  wages, 

and  the  nature   and  amount   of  all   other  expenses  necessary 

to  the  proper  management  and  maintenance  of  said  hospital 

for  the  twelve  months  next  thereafter  ensuing,  which  statement 

or  estimate  shall  be  subject  to  revision,  alteration,  modification 

and  reduction  by  said  Board  of  Commissioners,  and  no  expense  g^^. 

or  liability  not  provided  for  in  said  estimate  or  statement  as  ^P^V^^  ^^ 

finally  approved  and  adopted  by  said  Board  of  .Commissioners,  missioners. 

and  no  expense  or  liability  not  provided  for  in  said  estimate 

or  statement  as  finally  approved  and  adopted  by  said  Board 

of  Commissioners,  shall  be  incurred  by   said   Hospital   Board, 

or  any  subordinate  in  the  management  of  said  hospital,  unless 

the  approval  of  the  Board  of  Commissioners  in  that  regard  shall 

have  first  been  obtained.     All  moneys  or  revenues  arising  from  ^^^^  ^  ^^j_ 

hospital  service  in  said  institution  during  such  lease  shall,  asjj^g^,  paid 

collected,  be  paid  into  the  city  treasury  as  a  part  of  the  revenue  treasurer. 

of  said  city.     The  said  Hospital  Board  shall  keep  and  preserve 

or  cause  to  be  kept  and  preserved,  in  well-bound  books,  accurate  j^j^^^^^gg  ^^ 

minutes  of  its  meetings  and  proceedings;  also,  in  like  manner gospUai 

a  roster  of  all  physicians  and  surgeons,  and  all  officers,  employees 

and  internes  of  said  hospital,  and  in  what  capacity  serving,  with 

dates  of  entering   service   and  of  discharge  therefrom,   length  employes,  ex-  _ 

of  time  employed  and  salaries  and  wages  allowed;  and  also  a  etc.,  showing 

hospital    register,    showing    name,    age,    sex,    nationality    and 

residence   of   each   and   every   person   adniitted   as   a   patient,  J^Sen 

-disease  at  the  date  of  admittance  or  supervening  while  in  hospital, 


36  Sec.  33  Charter  of  the  City  of  Galveston 

dates  of  admittance,  dates  of  discharge  or  death  of  all  patients 
admitted  into  said  hospital  for  treatment,  the  authority  for 
the  admittance  of  each  patient,  and  the  rate  charged  each 
and  every  pay  patient.  And  the  house  surgeon  or  other  officer 
in  charge  of  said  hospital  shall  keep,  or  cause  to  be  kept,  in 
well-bound  books,  correct  and  accurate  accounts  of  all  receipts 
and  disbursements  for  account  of  said  hospital,  and  shall  render, 
under  oath,  to  the  said  Board  of  Commissioners,  through  the 
Monthly  gaid  Hospital  Board,  monthly  reports  or  statements  showing, 

reports  under  ^  '  ./  jr  or 

oath.  for  the   month   then   ending,   all   receipts   and   disbursements, 

with  proper  voucher ;  also  the  number  and  names  of  all  patients 
received,  the  respective  dates  of  admittance,  and  whether 
charity  patients  or  pay  patients;  the  number  and  names  of  all 
patients  that  have  been  discharged  or  have  died  during  the 
month;  the  disposition  made  of  the  bodies  of  all  patients  who 
have  died  during  the  month,  and  the  names  of  all  officers  and 
employees,  in  what  capacity  serving,  and  what  salary  or  wages 
respectively. 

Medical  staff.       ^he  mcdical  staff  of  the  John  Sealy  Hospital  shall  be  con- 
stituted of  the  house  surgeon,  to  be  selected  as  above  provided, 
and  during  said  lease  compensated  by  the  city,  of  the  visiting 
physicians   and   surgeons  to   be   designated   by  .the   Board   of 
Regents/  Rcgcnts  of  the  University  of  the  State  of  Texas  from  the  faculty 

to  appoint.  q£  ^YiQ  medical  department  thereof,  but  who  are  to  receive  no 
Compensation.  Compensation  from  the  city  for  their  services,  and  of  two  or 
more  students  from  the  medical  branch  of  said  University  to 
serve  as  internes  and  to  be  selected  by  said  Board  of  Regents, 
the  number  and  duties  of  the  internes  to  be  determined  by  said 
hospital  board,  and  said  internes  to  receive  for  their  services 
only  their  board  and  lodging  in  said  hospital.  The  officers 
in  charge  of  said  hospital  shall  at  all  times  admit  for  the  purpose 
of  inspection  any  member  of  the  Board  of  Commissioners,  or 
right  to  inspect  ^^y  pcrson  charged  with  the  duty  of  visiting  or  inspecting 
scid  hospital,  and  in  like  manner  the  Regents  of  the  said  Univer- 

Qualification  of    .  ,-      .  ,        .        ^  a  ,,      ,  ,  ,        .  ,    ^^ 

Hospital  sity  or  their  authorized  agents.     All  the  members  of  said  Hos- 

oflBcGrs 

pital  Board,  as  also  the  house  surgeon,  shall,  before  entering 


City  C!om- 
missioners 


Charter  of  the  City  of  Galveston  Sec.  34  37 

upon  their  respective  duties,  take  the  oath  of  office  as  prescribed 
by  the  Constitution  of  the  State  of  Texas. 

Sec.  34.     That  the  local  government  established  by  this  Act  <^enerai  powers 
shall  have  power  to  license,  tax,   regulate  and  prescribe  the  government, 
location  of  all  places  within  the  corporate  limits  of  the  City 
of  Galveston,  wherein  spirituous,  vinous,  malt  liquors  or  medi-         . 
cated  bitters  capable  of  producing  intoxication  are  kept  for  sale,  saloons,  etc. 

(a)  To  do  all  acts  and  make  and  enforce  all  laws  or  regula-  Pass  sanitary 
tions  which  may  be  necessary  and  proper  for  the  preservation 

and  promotion  of  the  health  of  the  city  or  the  suppression  and 
exclusion  of  disease,  and  to  prevent  the  introduction  of  con- 
tagious  diseases  into  the   city;  to  make   quarantine  laws  forg^fj^j.^^ 
that  purpose,  and  to  enforce  them  within  the  city  and  within  ^^*^^"*^^®- 
ten  (10)  miles  thereof. 

(b)  To  control,  open,  close,  alter,  widen,  extend,  construct,  improve 

...  streets  and 

establish,  maintain,  regulate,  grade,  cleanse,  pave  and  other- highways, 
wise  improve,  embellish  and  ornament  the  streets,  alleys,  high- 
ways,  sidewalks  and  public  grounds  and  places  in  said  city* 

1-  -I  1-  --ir  -I  1  i       Drams  and 

put   drams  and  sewers  therein;  provide  for  and  regulate  the  sewers. 

lighting   thereof;   regulate,    control,    license,   prevent,    prohibit 

and   suppress   the   opening   thereof;   the    digging   therein,   the 

interference  therewith,  and  the  placing  therein  of  pipes,  poles, 

wires,  fixtures  and  appliances  of  every  kind,  whether  on,  above 

or  beneath  the   surface  thereof;  to  regulate  and  control  the 

use  thereof  by  any  and  all  persons,  animals  and  vehicles  in 

w^hatever  way   and  for  whatever  purpose;  to  prevent,   abate 

and  remove   encroachments,   obstructions,   pollutions   or  litter  atru!ctroiA  in 

therein;  to  open  new  streets  and  hi2:hways  when  necessary  and^*'^®®*^" 

,  -,         <-  -.      ;.  ,       .  •  Regulate  use  of 

generally  to  make  and  enforce  any  and  all  regulations  m  respect  streets;  abate 

^.,.1  ri-r-»  1  ••  encroachments, 

thereof  m  the  judgment  of  the  Board  requisite,  proper  or  expe-etc. 
dient  to  promote  and  insure  the  health,  safety  and  convenience  ^^l^^g"^^ 
of  the  inhabitants  and  public ;  and  whenever  streets  or  side-  Cost  of  street, 
walks  shall  be  improved  by  said  Board  they  may  charge  against  walk  improve- 
the  premises  abutting  on  such  improved  streets  or  sidewalks,  against  abut- 
and  against  the  owner  thereof,   so  much  of  the  cost  of  such 


38  Sec.  34  Charter  of  the  City  of  Galveston 

improvements   as  may  be   equivalent  to  the  benefits  to   and 
increased  value  of  said  property  caused  thereby,  to  be  ascer- 
tained as  said  Board  of  Commissioners  may  direct,  and  any 
charge  or  assessment  allowed  under  this  clause  shall  be  a  lien 
on  said  abutting  premises,  enforceable  in  any  court  of  compe- 
tent  jurisdiction.     The   cost   and   expense   of  the   betterment, 
improvement,  paving,   grading,   filling  or  maintenance  of  any 
Alleys  to  be     of  "the  alleys  of  the  City  of  Galveston  shall  be  defrayed  by  the 
c™sTof  abSt-    owners  of  the  abutting  lots  or  property,  but  no  such  alley  shall 
owneS^^^'^*^  t)e  closed  or  changed  except  by  the  consent  of  all  the  owners 
of  the  abutting  lots  thereon  and  the  Board  of  Cpmmissioners 
of  the   City   of  Galveston.     And  the   City   of  Galveston   shall 
dol^d^except!^  always  have  the  right  to  use  said  alleys  fbr  the  laying  and  con- 
struction  of  water  and  sewer  pipes  and  mains,  and  the  laying 
right  to  use      and  coustruction  of  drains  and  electric  light  wires,  telephone 

alleys  for  lay-        ,  .  . 

ing  sewers,  etc.  wire s  and  fire  alarm  wires,  and  to  authorize  the  laying  of  electric 

light  and  telephone  wires  and  to  place  electric  light  and  tele- 

.  phone  poles  thereon  by  any  person  or  corporation  authorized 

fere  with  con-  by  Said  city  to  do  so ;  Provided,  that  this  enactment  shall  in  no 

tract  of  Goed-        .  ,  , 

hart  &  Bates    wisc  interfere  with  or  affect  the  grading  and  raising  of  said 
alleys.  alleys  as  now  provided  for  in  that  portion  of  the  City  of  Galves- 

ton included  within  the  contract  between  the  City  of  Galveston 
and  Goedhart  &  Bates,  grade  raising  contractors. 

Regulate  (c)     To  rcgulatc,  cstabHsh  and  alter  the  grade  of  premises 

grade  raising,  . 

etc.,  of  prem-  and  to  rcquirc  the  filling  up  and  raising  of  the  same  to  such 
grade  at  the  cost  of  the  owner,  or  cause  the  same  to  be  done 
at  his  or  her  expense,  in  which  event  the  cost  of  so  filling  and 
raising  of  said  premises  shall  be  assessed  against  the  same  and 

Cost  charged    against  the  owner  thereof  and  shall  be  a  lien  on  said  premises. 

to  owner;  a.  ..^.. 

lien.  enforceable  m  any  court  of  competent  jurisdiction. 

Hospitals—  (d)     To  erect  and  establish  hospitals,  and  control  and  regulate 

establish  and      .-i  ^    „^..^^ 

regulate,  the  samc. 

Streets-Oreg- 
on and  use  of       (c)     To  rcgulatc  the  use  of  streets,  alleys,  highways,  pubhc 
etc.  '      grounds    and   places,    and   prevent    and    suppress   immoderate 


Charter  of  the  City  of  Galveston  Sec.  34  39 

riding  and  driving,  and  to  regulate,  prevent  or  suppress  the 
leaving  or  standing  or  going  at  large  therein  of  vehicles,  horses, 
dogs,  cattle  and  all  other  animals  or  fowls. 

(f)  To  prohibit  and  punish  the  abuse  of  animals.  abu£^of7~ 

(g)  To  restrain  and  punish  vagrants,  mendicants,  beggars,  Vagrants  and 
tramps,  prostitutes,  drunken  or  disorderly  persons  within  said  persons— ar- 
city,  and  to  provide  for  the  arrest  and  punishment  of  the  same 

by  fine  or  otherwise. 

(h)     To  arrest  and  confine  for  trial,   or  take  bond  for  the  Arrest  of 

^    '^  offenders; 

appearance  at  trial,  of  all  persons  charged  with  offenses  which  confinement; 

^^  J-  o  appearance 

are  punished  as  misdemeanors  by  the  laws  of  the  State  of  Texas  bond, 
or  said  local  government. 

(i)     To  regulate  the  building,  maintenance  and  use  of  party  Party'waiis, 
walls,  partition  fences,  parapet  and  fire  walls,  smoke  flues,  hot  fences  fire 
air  flues,  smokestacks,  fireplaces  of  all  sorts  and  all  appliances  etc. 
therewith  connected;  to  require,  provide,  fix  and  regulate  the 
inspection,    safe    construction,    repair   and   maintenance   of   all  _ 

public   or  private   buildings;   to  regulate,   restrain   or  prohibit  construction 
the   constructing,   placing,   moving  or  repairing  of  wooden   or  regulated, 
frame  buildings,   or  structures  of  any   kind  within  the  limits  wooden 
of  said  city  or  any  part  thereof,  and  to  regulate,  define  and r "iovaf^and 
describe  building  materials  that  may  or  may  not  be  used  in  the'"®^^^'""  " 
building  or  repairing  of  the  structures  of  whatever  sort  in  said  ^^ateriai^to  be 
city  or  any  part  thereof ;  to  require  or  provide  for  the  taking  f^^^  ^^  budd- 
down  and  removal,  by  the  city  or  by  the  owner,  and  at  the 
expense  of  the  owner,  of  buildings,  walls,  or  structures  of  any 
kind  that  are  or  may  become  dangerous,  and  generally  to  make 
and  enforce  any  and  all  regulations  concerning  buildings  and  Dangerous 
building   materials   requisite,    necessary    or   proper   to    protect  nuiia*iIlS~ 


said  city  or  any  part  thereof  from  fire  and  to  protect  the  health  repair  of  ;^"^ 
and  safety  of  the  inhabitants;  and  to  declare  all  wooden  buildings ^^owner. *^^^ 
in  the   fire   limits  which  they   deem   dangerous  to   contiguous 
buildings,   or  in   causing  or  promoting  fires,  to  be  nuisances, 
and  require  or  cause  the  same  to  be  removed  in  such  manner 


40 


Sec.  34 


Charter  of  the  City  of  Galveston 


Buildings — 
regulation  as 
to,  generally. 

Prevent  fires. 


Cost  of 
removal,  etc. 
charged  to 
owner. 

Lien  for. 


and  at  the  expense  of  the  owner,  and  generally  to  establish 
such  regulations  for  the  prevention  and  extinguishment  of  fires 
as  said  Board  of  Commissioners  may  deem  expedient;  and  any 
and  all  costs  and  expense  incurred  by  the  city  in  the  removal 
or  destruction  of  any  structure  for  any  of  the  purposes  afore- 
said shall,  under  such  regulations  as  the  Board  may  prescribe, 
be  collected  of  the  owner,  and  be  secured  by  lien  on  the  land 
whereon  the  same  is  or  was  situated. 


Paupers  and  (i)     To  prohibit   and  punish  by   fine  the  introduction  into 

persons  with  "  . 

contagious        the  city  by  steamboats,  railroads  or  other  carriers  of  paupers 
excluded.         or  persous  afflicted  with  contagious  diseases. 


Disorderly  and 
gambling 
houses,  etc., 
regulated  and 
prohibited. 


Nuisances- 
define  and 
regulate. 


Slaughter 
houses,  curing 
green  hides, 
etc.,  regulated 
and  prohibited. 


Cows  in  city. 


(k)  To  regulate,  control  and  suppress,  by  adequate  and 
appropriate  regulations  and  penalties,  disorderly  houses  and 
houses  of  prostitution  or  ill-fame,  houses  of  assignation  and 
gaming  houses  in  said  city  or  any  part  thereof,  and  to  punish 
gaming  as  provided  by  the  Penal  Code  of  the  State  of  Texas; 
to  define  nuisances,  and  by  adequate  penalties  to  prevent  and 
abate  or  require  or  cause  the  abatement  and  removal  of  all 
nuisances  within  the  city,  and  for  a  distance  of  five  miles  out- 
side of  the  same,  at  the  cost  of  the  person  or  persons  responsible 
therefor;  to  prohibit  the  erection  of  houses  for  curing  green 
hides,  or  slaughter  pens,  or  factories  and  all  houses  of  like 
character  within  certain  limits  in  said  city  or  any  part  thereof 
or  within  five  (5)  miles  thereof;  and  said  local  government 
shall  have  the  power,  and  it  is  hereby  made  their  duty,  to  limit 
by  an  ordinance  or  ordinances  having  effective  penalties  the 
number  of  head  of  cattle,  not  to  exceed  three  in  number,  which 
may  be  kept  on  each  city  lot,  or  territory  of  similar  area  in  said 
city. 


Yards- 
cleaning  of, 
regulated. 


Trash  in 
streets,  etc. 
prohibited. 


(1)  To  provide  and  require  that  the  city  be  kept  in  a  clean 
and  healthy  condition,  and  that  all  yards  and  premises  in  the 
city  are  cleaned  daily  and  so  kept  by  the  owner  or  occupant 
thereof  at  his  own  expense,  and  to  prohibit,  by  proper  laws 
and  penalties,  every  such  owner  or  occupant  or  any  other  person 


Charter  of  the  City  of  Galveston  Sec.  34  41 

from  throwing  or  putting  any  trash  or  improper  material  in 
the  streets,  alleys  or  sidewalks,  except  for  the  purpose  of  removal ; 
to  require  all  owners  or  occupants  of  yards  or  premises  to  daily  Waste  matter 
deposit  all  waste  and  unsanitary  material  in  the  street  nearby,  removal, 
or  elsewhere  as  may  be  prescribed  by  the  Board,  in  some  suit- 
able vessel  to  be  provided  by  such  owner  or  occupant  at  his 
or  her  own  expense,  to  be  carried  off  by  the  public  carts,  or  by 
or  at  the  expense  of  such  owner  or  occupant  as  said  Board 
may  provide. 

(m)     To  regulate  and  control  plumbers  and  plumbing  works,  Plumbing 
and  tb  enforce  efficiency  of  the  same. 

(n)     To  direct,  control  and  prohibit  the  keeping  and  man- ^^""PJ^p?^'g_ 
agement  of  houses  or  any  building  for  the  storing  of  gi^npowder  ^gg^;,^^^^ 
and  other  combustible,  explosive  or  dangerous  materials  w^ithin 
the   city,   and  to  re'gulate  the   keeping  and  conveying  of  the 
same,  and  to  authorize  and  regulate  the  laying  of  pipes,  and 

1  •  -.  .  r  1  .  '  Oil  and  gas— 

the  location  and  construction  01  tanks,  reservoirs  and  pump-  keeping,  etc., 

r  -,  1  .       .,  \  of,  regulated. 

mg   Stations  lor  the   storage   ana  conveyance   of  oil   and  gas. 

(o)     To   regulate,   restrain,   prohibit   or   prevent   the   use   of  Noises, 
firecrackers   or   other   explosives   or   fireworks,    and   all   noises,  Irewo^Jks,^' 
amusements    or    other    practices    or    performances    tending   to^^^"  '■^^'^*^  • 
annoy  persons  or  frighten  horses  or  teams,  or  to  the  collection 
of  persons  on  the  streets  or  sidewalks  or  other  public  places, 
whether    for    purposes    of    amusement,    business,    curiosity    or 
otherwise. 

(p)     To    direct    and    control   the   laying   of   railroad   tracks,  Railroad  tracks 

,  .      1  .  .,  ,         .  .  .  regulated  or 

turnouts  and  switches,  or  to  prohibit  the  same  m  the  streets,  prohibited, 
avenues  and  alleys,  unless  the  same  shall  have  been  author- 
ized by  ordinance;  to  require  that  all  railroads,  turnouts  and 
switches  shall  be  so  constructed  as  not  to  interfere  with  the 
drainage  of  the  city,  and  as  little  as  possible  with  the  ordi- 
nary travel  and  use  of  streets,  avenues  and  alleys,  and  that 
sufficient  space  shall  be  left  on  either  side  of  said  track  for 
the  safe  and  convenient  passage  of  persons,  teams,  carriages  iiJf^r^a^c^ions. 
and  other  vehicles,  and  to  construct  and  keep  in  repair  suitable 


42 


Sec.  34 


Charter  of  the  City  of  Galveston 


crossings  at  the  intersections  of  streets,  avenues  and  alleys 
Speed  of  ^^^^  ditchcs,  scwcrs  and  culverts  when  the  said  Commissioners 

[eSStS^^      shall  deem  it  necessary,   and  to   direct  the  use   and  regulate 

the  speed  of  locomotive  engines  within  said  city. 


Street 

railroads 

regulated. 


Fares 
regulated. 


(q)  To  make  all  suitable  and  proper  regulations  in  regard 
to  the  use  of  the  streets  for  street  cars,  and  to  regulate  the 
running  and  operation  of  the  same  so  as  to  prevent  injury 
or  inconvenience  to  the  public,  and  from  time  to  time  to  pre- 
scribe reasonable  fares  and  transfers  in  the  carriage  of  pas- 
sengers. .   ' 


Waterworks 
and  sewerage 
— construction 
of. 


Public  wells, 
hydrants,  etc. 


Protect  water- 
works. 

Right  of  way 
for;  condem- 


Rules  and 
regulations 
for  waterworks 
and  sewerage. 

Water^and 
sewer  rates. 


Connecti 


Water  closets, 
sinks,  etc.,  to 
be  connected 
with  sewer. 


(r)  To  provide,  construct,  establish,  maintain,  operate 
and  regulate  in  said  city  a  system  of  sewerage  and  of  water- 
works for  fire  and  other  purposes;  to  make,  regulate  and  estab- 
lish public  wells,  pumps,  cisterns,  hydrants  and  reservoirs 
in  the  streets  or  elsewhere  within  said  city,  or  beyond  the 
limits  thereof,  for  the  extinguishment  of  fires  and  the  con- 
venience and  health  of  the  inhabitants  thereof,  and  to  pre- 
vent the  unnecessary  waste  of  water  or  any  injury  to  said 
waterworks,  and  to  pass  ordinances  for  the  condemnation 
of  property  for  the  purpose  of  establishing,  enlarging  or  main- 
taining a  system  of  waterworks  whether  within  or  without 
the  limits  of  such  city,  conforming  the  mode  and  manner  of 
the  same  to  the  rules  now  prescribed  for  cities  and  towns  by 
the  general  laws  of  the  State  for  the  condemnation  of  prop- 
erty for  the  construction  of  waterworks  and  of  sewers  or  sewerage 
systems;  to  adopt  rules  and  regulations  for  the  management 
of  the  waterworks  and  sewerage  systems;  and  make  and  estab- 
lish a  schedule  of  water  and  sewer  rates  and  tolls,  and  pre- 
scribe the  mode  and  manner  of  the  construction  of  the  surface 
pipes,  alley  laterals  and  house  connections  with  the  water- 
mains  and  sewer-pipes. 

(s)  To  require  all  owners,  tenants  and  occupants  of  im- 
proved property  which  may  be  located  upon  or  near  any  street 
or  alley  along  which  may  extend  any  sewer  or  system  of 
sewerage   that   the   said   city   may   construct,    own   or   control, 


Charter  of  the  City  of  Galveston  Sec.  34  43 

or  that  it  may  acquire  by  purchase  or  otherwise,  to  connect 
with  such  sewer  or  system  of  sewerage  all  water-closets,  sinks 
or  drains  located  upon  their  respective  properties  or  premises 
so  that  their  contents  may  be  made  to  empty  into  such  sewer 
or  system  of  sewerage,  whether  said  system  is  constructed  by 
said  city  or  is  acquired  by  it  by  purchase  or  otherwise;  Pro- 
vided, that  whenever  an}^  tenant  or  occupant  shall  be  required 
under  any  ordinance  of  the  city  to  make  sewer  connections,  u^^^  f^^ 
or  to  do  any  other  thing  which  the  Board  of  Commissioners  ^ade*by"* 
has  the  power  to  compel  the  performance,  such  tenant  or*®"*"*' 
occupant  shall  have  a  lien  upon  the  property  occupied  for  reim- 
bursement and  reasonable  attorney's  fees,  if  the  primary 
obligation  to  do  the  same  was  on  the  landlord;  said  lien  to 
be  enforced  by  competent  proceedings  in  any  court  of  compe- 
tent jurisdiction,  and  the  tenant  or  occupant  may,  when  so 
entitled  under  the  general  principles  of  set-off,  use  such  claim 
against  his  liability  for  rent. 


(t)     To  condemn  as  nuisances  all  buildings,   cisterns,  wells.  Unsanitary 

,     ^  .  o    )  J  7  nuisances — 

privies  and  other  erections  in  the  city,  which,  on  inspection,  abatement  of. 
shall  be  found  to  be  unhealthy,  unsanitary  or  dangerous  to 
persons  or  property,  and  cause  the  same  to  be  abated  or  removed 
at  the  expense  of  the  owner,  unless  the  owner  thereof  at  his 
or  her  own  expense,  upon  notice,  and  with  the  sanction  and 
authority  of  the  Board,  shall  reconstruct  the  same  in  such 
manner  as  shall  be  prescribed  by  the  law^s  of  the  city;  and  as 
to    all    buildings,    cisterns,    wells,    privies     and    other    private  cisterns, 

°  '  '     r-  r-  pnvies,  etc., — 

improvements   to   be    constructed   in   future,    they    shall   have  construction 

^  -'of,  regulated. 

the  power,  and  it  shall  be  their  duty,  to  have  the  same  so  con- 
structed as  hot  to  interfere  with  the  health  of  persons,  or  the 
safety  of  persons  or  property  within  the  city. 

(u)     To    regulate    and    determine    the    mode    o{    inspecting  Keeping  and 
and  vending  of  milk  and  milk  products,  flesh,  meats,  fish,  fruits,  meats,  fruits, 

'='  x-  '  '  '  '  '  gtj,^  regulated. 

vegetables  and  other  provisions  and  to  prohibit  the  sale  of 
any  tainted  or  unwholesome  meats,  fish,  fruit,  vegetables 
or   other   provisions   or   any   milk    adulterated   with   water   or 


44 


Sec.  34 


Charter  of  the  City  of  Galveston 


Butchers  and 
markets  regu- 
lated. 


Milk 
inspection. 


Permit  to 
sell  milk. 


Public  build- 
ings— erection 
and  repair  of. 

Accept  money 
donations. 


anything  whatsoever  not  constituting  a  part  of  pure  milk, 
and  to  make  such  rules  and  regulations  in  relation  to  butchers 
as  they  may  deem  necessary  and  proper,  to  estaBlish  and 
erect  markets  and  market  houses,  and  designate,  control  and 
regulate  market  places  and  privileges,  and  to  provide  a  system 
for  the  inspection  of  milk  and  milk  products,  and  to  prohibit 
the  sale  of  all  milk  and  milk  products  unless  the  party  offer- 
ing the  same  for  disposition  or  sale  shall  have  complied  with 
any  and  all  regulations  made  by  said  Board  of  Commissioners 
with  respect  thereto,  and  to  prohibit  the  vending  and  dis- 
position of  milk  or  milk  products  within  the  limits  of  the  City 
of  Galveston  unless  the  party  desiring  to  vend  or  dispose  of 
such  milk  or  milk  products  shall  have  secured  or  obtained 
from  the  Health  Physician  of  the  City  of  Galveston  a  permit 
so  to  do,  under  such  regulations  as  the  Board  of  Commissioners 
of  said  City  may  from  time  to  time  provide. 

(v)     To   erect   and   repair   all   necessary   public   buildings. 

(w)     To  accept  any  money  or  property  for  the  purpose  of 
any  public  or  corporate  use. 


Special  funds 
created. 


(x)  To  provide  by  ordinance  special  funds  for  special  pur- 
poses, and  to  make  the  same  disbursable  only  for  that  purpose 
for  which  the  fund  was  created,  and  any  officer  of  said  city 
misapplying  said  special  fund  shall  be  deemed  guilty  of  mal- 
feasance in  office  and  shall,  on  complaint  of  any  one  interested 
Misapplication  in  Said  fuud  SO  misapplied,  or  any  taxpayer  of  said  city,  be 
removed  therefrom  and  shall  be  incapable  thereafter  to  hold 
an}^  office  in  said  city,  and  shall,  on  conviction  before  any 
court  of  competent  jurisdiction,  be  fined  in  a  sum  not  exceeding 
five  thousand  ($5000)  dollars  and  be  imprisoned  in  the  county 
jail  not  exceeding  six  (6)  months. 


•of,  punished. 


"W'eapons. 
•Concealed 


Licenses — 
issuance  of, 
regulated. 


(y)     To  regulate  the   carrying  of  weapons   and  to  prevent 
the  carrying  of  the  same  concealed. 

(z)     To   authorize  the  proper  officer  of  said  city  to   grant 
and  issue   licenses   and  to   direct  the   manner   of  issuing   and 


Charter  of  the  City  of  Galveston  Sec.  34  45 

the  registering  thereof,  and  the  fees  and  charges  to  be  paid 
therefor;  Provided,  that  no  Hcense  shall  be  issued  for  a  longer 
period  than  one  year,  and  shall  not  be  assignable  except  by 
permission  of  the  Board  of  Commissioners. 

(aa)     To  establish  and  regulate  public  pounds,  and  to  regu- Public  pounds 
late,   restrain   and  prohibit  the  running  or  going  at   large   ofmentof. 
horses,    mules,    cattle,    sheep,    swine,    goats,    geese,    chickens, 
pigeons  and   all   other  animals,   fowls   and  birds  of  whatever  mais,  birds, 

^..  1  1.  11....  1.        etc.,  running  at 

description,  and  to  authorize  the  distraining,  impounding  large, 
and  sale  of  the  same  for  the  cost  of  the  proceeding  and  the 
penalty  incurred,  and  to  order  their  destruction  when  they 
can  not  be  sold,  and  to  impose  penalties  on  the  owners  or  keepers 
thereof  for  violation  of  any  ordinance  or  regulation  in  relation 
thereto,  and  to  prevent,  regulate  and  control  the  driving  of  Driving  ani- 
cattle,  horses  and  all  other  animals  into  or  through  the  ciiy.  ^rilts!^'^^"^^ 

(bb)     To    license    and   tax    dogs    and    other    animals,    fowls  Licensing  dogs, 

^       ^  *="  other  animals, 

and  birds;  and  regulate,  restrain  or  prohibit  their  running  birds,  fowls, 
at  large,  and  to  authorize  and  require  their  destruction  when 
kept  or  allowed  to  go  at  large  contrary  to  ordinance  or  regu- 
lation, and  to  punish  by  fine  the  owners  and  keepers  thereof 
for  violation  of  or  failure  to  observe  any  ordinance  or  regulation 
concerning  the  same. 

(cc)     To    establish,    maintain    and    regulate    cemeteries    and Cgnjeteries— 
to   regulate   the  .  burial   of  the   dead   and  the   registrations   of  ^''"*'  ""^  '^^^'^' 
deaths,    marriages    and    births.     No    person    shall    be    buried 
without   a  certificate  of  the  physician  of  post-mortem  exam- 
ination or  after  a  coroner's  inquest. 

(dd)  To  prevent  and  punish  violations  of  the  ordinances  Ordinances— 
by  fines,  penalties  and  imprisonment;  but  no  fine  or  penalty  punishment', 
shall  exceed  two  hundred  ($200)  dollars,  nor  the  imprison- 
ment more  than  three  months,  for  any  offense,  unless  a  larger 
fine  and  longer  period  of  imprisonment  is  herein  allowed; 
and  to  compel  and  force  all  offenders  against  any  ordinance 
of  the  city  found  guilty  by  any  court  of  coinpetent  jurisdic- 


46  Sec.  35  Charter  of  the  City  of  Galveston 

tion  and  sentenced  by  it  to  imprisonment  to  labor  on  the  streets 
and  alleys  of  said  city,  or  on  any  public  works  thereof,  under 
such  regulations  as  the  Board  may  make  and  establish. 

SS>?(ie?fy^^^'         (ee)     To    provide    for    the    suppression    and    prevention    of 
suSpre8*sion*''of.  any  riot,  rout,  affray,  noise,  disturbance  or  disorderly  assem- 
bly or  conduct  in  any  public  or  private  place  within  the  city, 
to  prevent  all  trespasses,  breaches  of  the  peace  and  good  order, 
assaults,    assaults    and    batteries,    fighting,    quarreling,    using 
abusive    and    insulting    language    and    misdemeanors,    and    to 
punish  persons  thus  offending. 
Took  fn^d'dol       (ff)     To  prevent  prize  fighting,  cock  and  dog  fighting,  and 
Sunishfd.   -      to  punish  all  persons  guilty  thereof. 

Theaters,  cir-        (^g^'^     To  Hccnse,  tax,  rcgulatc  or  prohibit  theaters,  circuses, 
etc.,  licensed;   the  exhibition  of  showmen  and  shows  of  any  kind,   and  the 

regulated; 

prohibited.       exhibition   of  natural   or   artificial   curiosities,   caravans,   men- 
ageries and  musical  exhibitions  and  performances. 
Pension  fund        (hh)     To  Create  and  administer  a  special  fund  for  the  relief 

for  pohcemen  ^        ^ 

and  firemen,  of  indigent  and  helpless  riiembers  of  the  police  and  fire  depart- 
ments who  have  become  superannuated  or  otherewise  disabled 
in  such  service,  and  receive  donations  and  bequests  in  aid  of 
such  fund,  and  provide  for  its  permanence  and  increase,  and 
to  prescribe  and  regulate  the  conditions  under  which,  and 
the  extent  to  which,  the  same  shall  be  used  for  purposes  of 
such  relief.  Said  Board  may  require  monthly  contributions 
•  by  the  members  of  the  police  and  fire  departments  from  their 
compensations  and  appropriate  a  percentage  of  the  annual 
surplus  of  revenue  over  expenses  of  the  city  for  that  purpose. 

Condemnation       Scc.  35.     To  pass  ordinances  for  the  condemnation  of  prop- 

d^rains?and       crty  for  the  purposc  of  opening  the  streets  of  the  city,  and 

other  public      for  the   Construction  and  maintenance  of  drains,   sewers,   and 

[Amended,        combination    drains   and   sewers,    and   other   public   purposes, 

conforming  the  mode   and  manner  of  such   condemnation  to 

the  rules  prescribed  for  cities  and  towns  by  the  general  laws 

of  the  State,  and  to  prohibit  or  remove,  at  the  expense  of  the 

owner  thereof,  all  buildings  or  structures  on  the  shores  or  in 


Charter  of  the  City  of  Galveston  Sec.  36-37  47 

the  waters  within  the  Hmits  of  the  city  where  the  same  are  Removal  of    ■ 

■'  buildings  un- 

not  permitted  or  authorized  by  law;  to  define  nuisances,  and  authorized  on 

snores  and 

by  adequate  penalties  to  prevent  or  abate,  or  upon  reasonable  waters, 
notice,  which  in  case  of  a  non-resident  may  be  made  through  ^g^^^^^j 
the  mails  or  by  publication  in  a  newspaper,  to  require  or  cause  ^^*^g®g**^ 
the  abatement  and  removal  of  all  nuisances  within  the  city, 
and  for  a  distance  of  five  miles  outside  of  the  same,  at  the  cost 
and    expense    of   the    person    or   persons   responsible   therefor, 
or  who  may   own,   occupy   or  control  the  premises  on  which 
said  nuisances   exist,   and  the   cost   and  expense   of  removing 
or  abating  said  nuisances  from  such  premises  shall  be  assessed 
against  the  same  and  against  the  owner  thereof,  and  shall  be^^Jg^^-^j^ 
a  lien  on  said  premises  and  enforceable  in  any  court  of  com- p^'^p^''^^- 
petent   jurisdiction;    and   said    Board   of    Commissioners    shall 
have  full  power  to  pass  and  adopt  all  such  ordinances  as  may 
be  necessary  or  proper  to  make  effective  and  enforce  the  pro- 
visions and  requirements  herein  expressed. 

Sec.  36.     To    prevent    any    person    from    bringing,    deposit-  j^^^^j  carcass 
ing  or  having  within  the  limits  of  said  city  any  dead  carcass  2^^^*}*^^^^^^ 
or  other  offe-nsive   or  unwholesome   substance  or  matter,   and™^*^^^j~f 
to  require  the  removal  or  destruction  by  any  person  who  shall 
have  placed,   or  cause  the  same  to  be  placed,  upon  or  near 
his  premises  or  elsewhere,   of  any   substance   or  matter,   filth 
or  any   putrid  or  unsound  beef,   pork  or  fish,   hides  or  skins 
of  any  kind,  and  on  his  default,  then  at  his  expense,  to  authorize 
the  removal  or  destruction  thereof  by  some  officer  of  the  city, 
and  require  the  owner  of  any  dead  animal  to  remove  the  same 
to  such  place  as  may  be  designated. 

Sec.  37.     The  said  Board  of  Commissioners  shall  have  the  Harbor  and 

111         channel — 

power  to  do  any  and  all  acts  necessary  to  preserve  the  harbor  dredging, 
and  dredge  out,  widen  or  deepen  the  channel  of  the  harbor  of  protection  of. 
the  City  of  Galveston,  to  prevent  any  use  of  the  same  or  any 
act   in   relation   thereto   inconsistent   with   the   public   health, 
or  calculated  to  render  the  waters  of  the  same,  or  any  part 
thereof,  impure  or  offensive,   or  tending  in  any  degree  to  fill 


48 


Sec.  38-40 


Charter  of  the  City  of  Galveston 


Wharves — 
to  errect  and 
regulate 
erection  of. 


Public  prop- 
erty— to  fill 
and  improve; 
use  of, 
regulated. 


Channel  and 
harbor — 
protection  of. 


Deep  water- 
to  procure; 
appropriations 


Hawkers, 

peddlers, 

pawnbrokers, 

etc. — licensed; 

prohibited; 

regulated. 


Dealers  in 
bankrupt 
stocks — same. 


Licensing 
generally. 


Bathing  and 
swimming 
regulated. 
[Amended  Acts 
1905.] 


Buildings,  etc. 
on  beach. 


Up  or  obstruct  the  said  channel;  and  to  prevent  and  punish 
the  casting,  throwing  or  depositing  therein  of  any  stone,  shell 
or  other  substance,  logs  or  floating  matter,  and  to  prevent 
and  remove  all  obstructions  therein  and  to  punish  the  authors 
thereof.  It  shall  also  have  the  power  to  erect  and  to  regulate 
the  erection  of  wharves  fronting  the  channel,  or  their  extension 
in  such  manner  as  may  be  by  it  deemed  for  the  public  interest, 
to  fill  or  cause  to  be  filled  or  otherwise  improved  any  property 
belonging  to  said  City  of  Galveston,  or  under  its  control,  and 
to  do  any  and  all  acts  necessary  and  proper  to  promote  the 
use  end  availability  of  such  property  for  the  purposes  of  com- 
merce and  in  aid  of  the  preservation  and  protection  of  the 
said  harbor  of  Galveston  and  the  channel  therein. 

Sec.  38.  The  Board  of  Commissioners  shall  have  power 
to  promote  and  secure  the  obtaining  and  maintenance  of  deep 
water  in  the  harbor  of  Galveston  and  from  said  harbor  into 
the  Gulf  of  Mexico,  and  to  that  end  may  appoint  and  employ 
such  agent  or  agents  as  they  may  deem  necessary  or  expedient 
and  appropriate  and  expend  any  sum  of  money  not  exceeding 
three  thousand  ($3000)  dollars  per  annum. 

Sec.  39.  To  license,  tax,  regulate,  suppress  and  prevent 
hawkers,  peddlers,  pawnbrokers  and  dealers  in  all  kinds  of 
junk  and  second-hand  goods,  wares  and  merchandise,  itin- 
erant or  transient  vendors  of  clothing  or  wearing  apparel, 
articles  of  bedding  or  merchandise  of  any  description  what- 
ever, dealers  in  bankrupt  or  fire  stocks  or  damaged  stocks  of 
any  kind,  or  any  other  business  or  occupation  which  in  the 
opinion  of  said  Board  shall  be  the  proper  subject  of  police 
regulation . 

Sec.  40.  The  Board  of  Commissioners  shall  have  power 
to  regulate  and  determine  the  time  and  place  of  bathing  and 
swimming  in  the  waters  adjoining  or  within  said  city  and 
,to  prevent  any  obscene  or  indecent  exposition,  exposure  or 
conduct;  to  regulate  by  general  ordinance  the  character  and 
construction,  and  prohibit  the  use  for  any  improper  or  unlawful 
purpose   of  bath   houses,   pavilions,   restaurants,    fishing   piers 


Charter  of  the  City  of  Galveston  Sec.  41-43  49 

and  other  structures  in  the  waters  adjacent  to  the  beach  of 
the  city;  to  regulate  the  constrrtction  of  approaches  to  such 
structures  so  as  to  not  unreasonably  obstruct  or  interfere  with 
the  drive  on  said  beach;  and  to  exercise  a  general  police  control 
along  said  beach   and  in  the  waters  adjacent  thereto. 

Sec.  41.     The    Board    of    Commissioners    shall    have    power  j^^^j^.^^^ 
to  require,  on  due  notice,  all  railway  companies  owning  tracks  J^^^^^  j^^. 
within  the  city  limits  which  may  have  been  or  may  hereafter  ^'^'^■^s^'"- 
be    abandoned   by    them,    by   non-user,    to   move    such   tracks 
and  to  restore  at  their  own  expense  the  streets  or  way  upon 
which  such  abandoned  track  is  located  to  proper  grade.     The 
Board  of  Commissioners  shall  have  power  at  any  time  to  change 
the  location  and  to  remove  or  cause  to  be  removed  the  rail- 
way track  or  tracks  on  any  street  or  avenue  from  one  portion  j^^.,^^^^j 
of  the  street  to  another,  and  to  effect  and  enforce  such  change  ^^^^^^~ 
of  location  or  removal  in  such  mode  as  may  be  prescribed  by  location  of. 
ordinance  or  otherwise   and  at  the  expense   of  the   owner  or 
operator   thereof,    and   to    secure   the    payment    thereof   shall  j^.^^  ^^j.  ^^^^  ^^ 
have  a  lien  on  all  the  property  of  said  railway  companies,      removal. 

Sec.  42.  The  Board  of  Commissioners  shall,  as  soon  as  Official  journal, 
may  be  after  the  commencement  of  each  fiscal  year,  contract 
as  they  may  by  ordinance  or  resolution  determine,  with  a 
public  newspaper  of  such  city  as  the  official  paper  thereof, 
and  to  continue  as  such  until '  another  is  selected,  and  shall 
cause  to  be  published  therein  all  ordinances,  notices  and  other 
matter  required  by  this  Act,  or  by  the  ordinances  of  said  city, 
to  be  published. 

Sec.  43.     The    Board   of   Commissioners   shall   have    author- pubiic  library 
ity,  by  ordinance  duly  enacted,  to  provide  for  the  establish- "enrdf.*^^" 
ment  and  maintenance  of  a  free  public  library  in  the  City  of 
Galveston,  and  to  this  end  may  make  appropriations  in  amounts 
within  their  discretion;  and  may  receive  donations  of  books, btJJJJfs^^^^tc^  for 
papers,    magazines,    periodicals,    or   other   property   or   money 
for  the  benefit  of  and  maintenance  of  such  public  library. 


50  Sec.  44  Charter  of  the  City  of  Galveston 

aJjJuiSf;  ^®^-  ^^'     ^^^  Board  of  Commissioners  shall  have  full  author- 

revenues'"  a°nd    ity   over   the   financial   affairs   of  the   city,    and   shall   provide 

assets;  pay-        r  i  n         •  r      it 

mentof  lor  the  collcction  ot  all  revenues  and  other  assets,  the  auditing 

liabilities  and  ° 

expenses.  and  Settlement  of  all  accounts,  and  in  the  exercise  of  a  sound 
discretion  make  appropriation  for  the  payment  of  all  liabilities 

Fiscal  year,  and  cxpenscs.  The  fiscal  year  of  the  city  shall  begin  March 
1st   of  each   year.     In  the  month   of  February   of  each   year, 

Budget—         or   as   soon   thereafter   as   practicable,    the    Board   shall   make 

making  of.  r    i  • 

a  careful  estimate  of  the  probable  revenues  for  the  next  fiscal 

year,   and  apportion  the  same  to  the  several  departments  of 

the    City    Government,    including   a   reserve    fund   of   twenty- 
Reserve  fund     --  1  -1    /m.    H 
— unexpended  five  thousand  ($25,000.00)  dollars,  to  be  used  only  in  the  case 

portion  of,  how.  ... 

disposed  of.  oi  cxtraordmary  emergencies  which  could  not  have  been  fore- 
seen before  their  occurrence.  Any  unexpended  portion  of 
said .  reserve  fund  created  for  any  year  shall  constitute  a  part  of 
such  reserve  fund  for  the  ensuing  year.  Any  member  of  the 
said  Board  of  Commissioners  who  shall  knowingly  vote  for, 
or  in  any  manner  aid  or  promote,  the  passage  or  adoption  of 
any  ordinance,  legislation  or  other  act  of  said  Board  increasing 

Appropria-  .       .  .  ^ 

tions  in  excess  the   appropriation   for  the   expenses   of   said   city   beyond  the 
prohibited;       estimate  aforesaid,  unless  the  actual  revenues  shall  have  exceeded 

punished;  void.  .  " 

such  estimate,  and  m  such  event  beyond  such  actul    revenue, 

shall  thereby  vacate  his  office  and  shall  be  guilty  of  malfeasance 

in  office  and  shall  be  removed  from  his  office  in  the  manner 

provided  for  in  this  Act,  and  any  appropriation  over  and  above 

the  said  estimated  revenues  shall  be  void.     Such  estimate  or 

budget  shall  be  prepared  in  such  detail  and  as  to  the  aggre- 

Estimates  for  gate  sum  and  the  items  thereof,  as  the  said  Board  shall  deem 

headlof  advisable,  and  in  order  to  enable  the  said  Board  to  properly 

prepare    such    estimate,    the   heads   of   all    departments    shall, 

at  least  thirty    (30)   days  before  the   said  estimate  is  hereby 

required  to  be  made,  send  to  the  said  Board,  in  writing,  esti- 

Certified  to.      niatcs  of  the  amounts  needed  for  the  conduct  respectively  of 

SSSsof"^      each  department  of  said  city  for  the  next  ensuing  fiscal  year. 

Such  estimates  shall  be  certified  to  by  the  parties  making  them, 


Charter  of  the  City  of  Galveston  Sec.  44  51 

and  shall  specify  in  detail  the  objects  thereof,  and  items  required 
for  the  respective  departments,  including  a  statement  of  each 
of  the  salaries  of  the  officers,  employees,  deputies  and  subordi- 
nates in  each  department.  It  shall  be  the  duty  of  the  said 
Board  of  Commissioners,  when  assembled  for  the  consideration 
of  said  budget,  to  consider  and  investigate  the  estimate  pre- 
pared by  said  officers,  to  hold  daily  sessions,  if  necessary,  for^^^j  et  aiiow- 
the  consideration  and  adoption  of  said  budget.  After  said  ^nces  not  to  be 
budget  shall  have  been  duly  passed  and  adopted,  said  Board  except, 
of  Commissioners  shall  not  have  the  power  to  increase  the 
amounts  fixed  therein,' whether  by  insertion  of  new  items  or 
otherwise,  beyond  the  '  estimated  revenues,  unless  the  actual 
revenues  shall  exceed  such  estimate,  and  in  such  event  beyond 
such  actual  revenue,  and  the  said  several  sums  as  therein  fixed 
shall  be  and  become  appropriated  after  the  beginning  of  the 
next  ensuing  fiscal  year  for  the  several  purposes  therein  named, 
to  be  used  by  the  said  Board  of  Commissioners  and  the  several 
departments  of  said  government  for  the  purposes  therein  named; 
Provided,  that  the  salaries  as  so  fixed  by  the  Board  and  the 
other  provisions  of  the  budget  may  at  any  time  be  changed  g^j^^.^^  ^^^ 
by  the  unanimous  vote  of  the  full  Board,  except  that  the  said  changed  by  ' 

-^  ^  ^    unanimous 

reserve  fund  shall  not  be  changed  nor  shall  any  funds  appropri-  vote,  except. 

ated  for  the  use  of  one  department  be  diverted  to  the  use  of 

another;  and  no  loan  shall  be  authorized  or  made  to  pay  any 

deficiency   arising   from   a   failure   to   realize   sufficient   income 

from  taxation  to  meet  the  amounts  provided  for  in  said  budget,  ^^^^^^  ^ 

but  the  said  Board  of   Commissioners  may  borrow  money  for  make  loan. 

its  use  in  anticipation  of  the  receipt  of  taxes  levied  for  any 

one   year,   and   pledge,  as   security,   the  uncollected  taxes  for 

any  such  year;  Provided,  however,  that  the  money  so  borrowed 

for  this  purpose  shall  not  exceed  in  any  one  year  the  sum  of  one  jy^Q^^^^^y__ 

hundred  thousand  ($100,000.00)  dollars.     In  case  of  any  ^e^"  PJ^^^^^^nt  of 

ciency  there  shall  be  a  pro  rata  abatement  of  all  appropriations  allowances. 

contained  in  said  budget,   and  in  case  of  any  surplus  arising 

in  any  fiscal  year  by  reason  of  an  excess  of  income  received  Excess  of 

from  the  estimated  revenues  over  the  expenditures  for  such  ge^traf fSid, 


52  Sec.  45  Charter  of  the  City  of  Galveston 

Each  commis-  year,  the  Said  surplus  shall  be  credited  to  the  general  fund  of 

8ioner  shall  file  -J  ^  r  o 

of  mifn^  report  said  city ,  and  shall  form  part  of  the  general  fund  for  the  next 
expended.  ensuing  fiscal  year.  And  each  of  said  City  Commissioners, 
shall  at  the  end  of  each  fiscal  year  file  with  the  Secretary  an 
itemized  report  of  all  money  expended  by  the  department  of 
which  he  is  the  head,  showing  for  what  and  to  whom  such 
money  was  paid. 

„  Sec.  45.     No  franchise  or  right  in  relation  to  any  highway,. 

grant  of.  avenuc,   street,  lane  or  alley,   either  on,   above   or  below  the 

surface  of  the  same,  and  no  franchise  or  right  in  relation  ta 

any  island  or  land  covered  by  water  that  may  belong  to  or  be 

claimed  by  the  City  of  Galveston,  shall  be  granted  by  the  Board 

of  Commissioners  to  any  person  or  corporation  for  a  longer 

period  than  fifty  (50)  years.     Every  grant  of  any  such  franchise 

Forf  it  r     f—  ^^  ^g^t  shall  make  provision  by  way  of  forfeiture  of  the  grant 

provided  for.    or  Otherwise   for  the   purpose   of  compelling  compliance  with 

the  terms  of  the  grant,  and  to  secure  efficiency  of  public  service 

at  reasonable  rates,  and  the  maintenance  of  the  property  in 

good  condition  throughout  the  full  term  of  the  grant.     Before 

any  grant  of  any  such  franchise  or  right  shall  be  made  the 

proposed  specific  grant,  embodied  in  the  form  of  a  brief  adver- 

Advertisement  ^iscmcnt  prepared  as  may  be  directed  by  ordinance  of  the  Board 

o^-  of   Commissioners,   shall  be   published   at   the   expense   of  the 

applicant  for  at  least  three   (3)  days  in  the  official  journal  of 

said  city.     When  the  grant  of  any  franchise  or  right  is  made,. 

the  city  shall  not  part  with,  but  shall  expressly  reserve,  the 

right  and  duty  at  all  times  to  exercise  in  "the  interest  of  the 

Regulation  and  public   full   Superintendence,   regulation   and   control  in  respect 

to  all  matters  'connected  with  the  police  powers  of  said  city. 

Ordinance  for.  Bcforc  any  such  grant  of  any  such  franchise  or  right  shall  be 

made,   the  proposed   specific   grant   shall  be  embodied  in  the 

form  of  an  ordinance,  with  all  such  terms  and  conditions  as 

conditions;       may  be  right  and  proper,  including  a  provision  as  to  the  rates, 

and  charges,     farcs  and  chargcs,  if  the  grant  provides  for  the  charging  of  rates, 

Former  grants  f3,res   and   chargcs.     All   legal   ordinances,   resolutions   or   acts 

preserved.        heretofore  passed  or  had  by  the  said  city,  making  any  grant 


Charter  of  the  City  of  Galveston  ,  Sec.  46-47  53' 

or  concession,  or  vesting  any  property,  right,  interest  or  fran- 
chise, shall  remain  unaffected  by  the  repeal  of  the  charter  of 
said  city  and  amendments  thereto  hereinafter  provided  for. 
Any  and  all  rights,  privileges  and  franchises  heretofore  or 
hereafter  granted  to  or  held  by  any  person,  firm  or  corporation 
in  the  streets,  alleys,  highways  or  public  grounds  or  places  in  Taxation  of 
said  city  shall  be  subject  to  taxation  by  said  city  separately  ^''^"^^^^®' 
from  and  in  addition  to  the  other  assets  of  such  person,  firm 
or  corporation,  and  the  Board  may  require  the  rendition  and 
assessment  thereof  accordingly;  Provided,  that  no  assessment 
separately  for  franchises,  rights  or  privileges  shall  be  made 
prior  to   January    1,    1905. 

Sec.  46.     The  Board  of  Commissioners  shall  have  power  to  Vessels- 
speed  of. 
regulate  and  prescribe  the  mode  and  speed  of  vessels,  steam- 
boats and  other  crafts  on  entering  and  leaving  the  harbors  of 
said  city,  and  of  coming  to  and  departing  from  the  wharves 
thereof,   and  the   disposition   of  the  sails,   yards,   anchors  and  Sails,  yards, 

anchors,  etc. — 

Other   appurtenances    of    such    vessels   while    entering,    leaving  disposition  of , 
or  abiding  in  such  harbor,  and  to  regulate  and  prescribe  the 
location   of  every   steamboat,   steamship   or  other   craft,   ship, 
A^essel,  barge,  boat  or  float,  and  such  changes  of  station  and 
use  of  the  harbor  as  may  be  necessary  to  promote  order  therein,  boats*and  ves- 
and  in  the  safety  and  equal  convenience,  as  near  as  may  be,!^pe^Sies^ 
of     all     steamboats,     steamships,      or      other      craft,      ship,^™^^^®" 
vessel,  barge,  boat  or  float,  and  may  impose  penalties  for  any 
offense    against    such    ordinance,    and   may    appoint    a   harbor 
master  to  carry  out  the  provisions  herein  granted  and  to  report  Harbor 
any  violation  of  such  regulation  to  the  court  having  jurisdiction  JSntm^T'of. 
thereof. 

Sec.  47.     That  the  said  City  of  Galveston  shall  not  be  liable  city  not  Uabie 

.  for  damages 

m  damages  for  any  miury  or  injuries  to  persons  or  to  property  caused  by 

J     i_        £11-  .    .  /.  1  .  ^      grade  raising 

caused  by   tilling,   raising,   grading  or  elevating  any   property  or  for  defects 

•1-        1/-V-  r^i         00  o  o  in  streets,  etc- 

witnm  the  City  01  Galveston,  or  m  the  prosecution  of  any  public 
improvement  in  said  city,  or  on  account  of  any  defect  of  any 
street,  sidewalk  or  other  public  place. 


54  Sec.  48-50  '  Charter  of  the  City  of  Galveston 

Breakwaters         Scc.    48.     The    Board    of    Commissioners    shall    have    power, 

— construction  ^  '^ 

burdens  on"^  and  they  are  hereby  authorized,  to  impose  additional  uses  and 
streets.  burdens  upon  the  streets,  avenues,  alleys  and  public  grounds 

of  said  city  for  the  location,  construction  and  maintenance  of 
breakwaters  and  other  like  works  for  the  protection  of  the 
City  of  Galveston,  whether  constructed  by  the  United  States 
Government,  the  State  of  Texas  or  the  City  of  Galveston,  with 
the  right  to  take  and  appropriate  such  land  and  other  property 
as  may  be  deemed  necessary  for  the  establishment,  location, 
construction  and  maintenance  of  said  breakwaters  and  other 
like  works  for  the  protection  of  the  City  of  Galveston  from 
encroachment  or  overflow  by  the  waters  of  the  Gulf;  and  for 
such  other  purposes  to  define  the  area  of  land  needed,  and 
to  acquire,  take,  hold  and  enjoy  the  same;  and  for  that  purpose 
Procure  right  ^^^^^  havc  the  right  to  cxcrcisc  the  right  of  eminent  domain 
of  way  for.  and  to  condcmu  lands  for  said  purposes  and  uses,  in  the  manner 
and  under  conditions  provided  by  law  in  the  case  of  railroad 
corporations. 

eiem^rfrom^  ^®^*  ^^'  '^^^  property,  real  and  personal,  belonging  to  said 
execution.        city  shall  uot  be  liable  to  be  sold  or  appropriated  under  any 

writ  of  execution  or  cost  bill.  Nor  shall  the  funds  belonging 
Funds  of  city  ^^  ^^^^  ^^^^  ^^  ^^^  hauds  of  any  person  be  liable  to  garnishment. 
^^Shmen'T    ^^^  ^^^^^  ^^^  ^^^^  ^^  Hablc  to  garnishment  on  account  of  any 

debt  it  may  owe  or  funds  or  property  it  may  have  on  hand 
office?^ JJr  ^^^  ^^^  person.  Nor  shall  the  city  or  any  of  its  officers  or 
^"rnishm'nt      ^^^^^s  be  required  to  answer  any  writ  of  garnishment  on  any 

account  whatsoever. 

No  evidence  of      Scc.  50.     That  said  Commissioners  shall  not  issue  any  bonds, 

debt  to  be  is-  .         ,  ^  .  ^  -  .      ,    ,         ,  •  ••     ■. 

sued,  except,  notcs,  scrip  or  Other  evidence  oi  mdebtedness,  except  as  provided 
in  this  Act,  and  -shall  in  no  event  contract  for  work,  material 
or  services  in  excess  of  the  amount  of  the  estimated  revenues 
for  the  current  year  and  the  funds  on  hand  applicable  to  such 

ited  to  current  purposes ;  and  all  parties  contracting  with  said  Commissioners 
for  work,  material  or  services  shall  look  alone  to  the  revenues 
for  that  year,  and  to  such  funds  as  may  be  applicable  for  such 


Charter  of  the  City  of  Galveston  Sec.  51-52  55 

purposes  at  the  date  of  anv  such  contract,  and  the  revenues  Current 

^       *^  ■'  _  revenue  alone 

of  no  subsequent  year  shall  be  appropriated  or  used  to  meet  ijabie  for 

any  such  deficit;  and  no  property,  real  or  personal,  owned  ortracted. 

held  by  said  City  of  Galveston  for  public  use,  for  governmental 

purposes,  of  in  trust  for  the  public,  shall  ever  be  subject  to 

execution  or  attachment,   or  seizure  under  any  legal  process, 

for  any  debt  heretofore  or  hereafter  created  by   said  City  of ^  ,,. 

-^  -^  -^        Public  prop- 

Gal  veston;  and  all  taxes  due,  or  money  in  the  hands  of  the  erty,  moneys, 

■'  etc.,  exempt 

officers  charsred  with  the  collection  of  taxes,  or  anv  other  revenues  from  seizure, 

°  ■'  execution  or 

belonging  to   said   city,   shall   be   exempt   from   seizure   under  attachment  for 
attachment,  execution,  garnishment  or  any  other  legal  process. 


Sec.   51.     The   Board  shall  have  power  to    license,  tax  and  vehicles— 
regulate  the  owners  of  all  vehicles  in  the   City  of  Galveston  licSslng.^' 
used  or  kept  for  private  or  public  uses;  and  to  license,  tax  and 
regulate   hackmen,   draymen,   omnibus   drivers   and   drivers  of otheroccupa- 
baggage  wagons,  porters,  automxobiles,  bicycles,  electric  motors  and  rented, 
of  any  kind  and  all  others  pursuing  like  occupation,  with  or 
without  vehicles,  and  prescribe  their  compensation,  and  provide 
for  their  protection,  and  make  it  a  misdemeanor  for  any  person  caSgl  ft^ed. 
to  attempt  to  defraud  them  of  any  legal  charge  for  services 
rendered;   and  to   tax,   regulate,   license   and  restrain   runners provfded.'' 
for  steamboats,  railroads,  stages  and  public  houses,  and  enforce 
the  collection  of  all  such  taxes  by  proper  ordinances;  and  all 
revenue  collected  under  the  provisions  of  this  section,  or  any 
ordinance  passed  in  pursuance  thereof,  shall  be  used  only  for  mailed  to  be 
the  improvement  of  the  streets  and  alleys  of  said  city.     This"^ 
section  shall  not  be  construed  to  apply  to  street  cars. 


Sec.  52.     That  the  said  Board  of  Commissioners  of  said  city  DeUnquent 

taxes  unap- 

is  authorized  to  appropriate  all  delinquent  taxes  against  which  propnated— 

-.  ^  r  ^  c  I-'     -,     disposition  of. 

no  demands  are  outstanding,  and  after  the  purposes  tor  which 
said  taxes  were  levied  have  been  fulfilled  and  satisfied,  to  any 
proper  municipal  purposes,  and  the  said  Board  is  empowered, 
at  the  end  of  each  fiscal  year  thereafter,  to  declare  such  residue 
of  all  said  delinquent  taxes  a  surplus  fund,  and  to  direct  that 


56  Sec.  53-54  Charter  of  the  City  of  Galveston 

the  same,  when  collected,  be  carried  in  bulk  as  a  surplus  account, 
subject  to  appropriation  by  said  Board  for  proper  municipal 
purposes,  under  the  provisions  of  this  Act. 

Property  Scc.  53.     The  following  property  in  said  city  shall  be  exempt 

exempt  from  o   r       r         .  j  i 

taxation.  from  taxation,  to-wit:     All  lands  used  exclusively  for  grave- 

yards, or  grounds  for  burying  the  dead,  except  such  as  are 
held  or  owned  by  any  person,  company  or  corporation  with  a 
view  to  profit,  or  for  the  purpose  of  speculation  in  the  sale 
thereof;  all  buildings  belonging  to  institutions  of  purely  public 
charity,  together  with  the  lands  belonging  to  and  occupied 
by  such  institutions  not  leased  or  otherwise  used,  with  a  view 
to  profit,  and  all  moneys  and  credits  appropriated  solely  to 
sustaining  such  institutions,  together  with  such  other  property 
as  is  exempt  from  taxation  by  the  Constitution  and  laws  of 
the  State  of  Texas  or  of  the  United  States. 

Ad  voiorem  Scc.    64.     The    Board   of   Commiissioners   shall   have   power, 

evy  o  .  ^^^  ^^^^  ^^^  hereby  authorized,  to  le\  y  for  general  purposes 
an  annual  ad  valorem  tax  on  all  real,  personal  and  mixed  prop- 
erty within  the  territorial  limits  of  said  city,  not  exempt  from 
taxation  by  the  Constitution  and  laws  of  Texas,  of  and  at  the 
rate  of  not  less  than  seventy   (70)  cents  on  the  one  hundred 
($100.00)  dollars  cash  valuation  of  said  property.     The  mean- 
Real  property,  iug  of  the  term  "real  property"  as  used  in  this  Act  shall  be 
^    ^  *  ■        construed  to  include  all  lots,  lands  and  all  buildings  or  machin- 
-   ery   and   structures  of  every   kind  erected  upon  or  afhxed  to 
the  same;  and  the  meaning  of  the  term  "personal  property" 
Personal  prop-  ^-S  uscd  in  this  Act  shall  be  construed  to  include  all  household 
erty  defined,     f^miturc,  moncys,   capital  and  chattels,   all  ships,  steamboats 
and  vessels,  whether  at  home  or  abroad,  all  franchises  subject 
to  taxation  under  this  Act,  all  stock  of  corporations,  moneyed 
or  otherwise,  and  generally  all  property  which  is  not  real.     The 
Taxes  taxcs  herein  and  hereby  authorized  to  be  levied  shall  become 

when  due.        ^^^  ^^^  payable  on  September  1st  of  each  year,  and  shall  bear 
Rate  of  interest  at  the  rate  of  six  per  cent  per  annum  from  January 

interest  on.       ^^^  following  the  Said  Icvy  until  the  same  are  paid,  and  said 


Charter  of  the  City  of  Galveston  Sec.  55  57 

taxes  are  hereby  made  payable  in  the  currency  or  coin  of  the 
United  States;  Provided,  however,  that  all  taxes  paid  prior  to 
January    1st  next   following  levy  thereof,   a  discount  may  beDjgcount 
allowed  by  the  Board  at  a  rate  not  to  exceed  six  per  cent  per  ^^^^^'®*^'' 
annum  from  the  time  the  tax  rolls  are  placed  in  the  hands  of 
the  Collector  for  collection  up  to  the  time  of  such  payments; 
and  Provided,  further,  that  if  any  person,  firm  or  corporation 
shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him,  them 
or  it    or  upon  their  property  by  law,  until  the  31st  day  of  Jan- 
uary next  succeeding  the  placing  of  the  tax  rolls  of  the  city 
in  the  hands  of  the  Collector  for  collection,  a  penalty  of  five 
per  cent  on  the  entire  amount  of  such  taxes,  and  in  addition  pe^aity 
to  interest  as  hereinbefore  provided,  shall  accrue  and  be  charged  ^^s^^^ed. 
and  collected  as  part  of  and  in  the  same  manner  as  such  taxes. 

Sec.    55.     Said    Board   of   Commissioners   shall   have   power  Assessment 

^  and  collection 

to  provide  by  ordinance  for  the  assessing  and  prompt  collection  ^e^ated. 
of  all  taxes,  and  to  regulate  the  manner,  mode  and  form  of 
making  out,  and  swearing  to,  tax  lists  or  inventories,  and  the™     .. 
appraisement   of  property  therein,   and  to  prescribe  how  and^Qj.^gg 
when  property  shall  thus  be  rendered,  and  shall  also  prescribe 
the  number  and  form  of  assessment  rolls  and  fix  and  define 
the  duties  and  powers  of  the  Assessor  and  Collector,  and  adopt  ^^en^m^de. 
such  measures  and  regulations,  and  prescribe  and  enforce  such  pg^^ities. 
penalties,  as  they  may  deem  advisable,  to  secure  the  due  and 
proper  assessment  of  all  property  within  the  limits  of  said  city, 
and  the  collection  of  the  taxes  thereupon,  conforming  the  said 
manner  and  mode  of  rendering  property  for  assessment,  and 
the  assessment  thereof,  as  near  as  may  be,  to  that  provided 
by  law  for  the  rendition  and  assessing  of  property  for  State 
and  County  purposes,  and  until  the  passage  of  such  ordinances, 
the  said  Board  of  Commissioners  and  the  Assessor  and  Collector 
of  Taxes  shall  be  governed  in  their  procedure  and  acts  in  rela- 
tion to  the  assessment  and  collection  of  said  notes  as  provided  state  law  to 
by  the  laws  of  this  State  relating  to  the  assessment  and  collec- ^°^^'^"' 


and  inven- 


Assessments 
how  and 


Sec.  56-5.8 


Charter  of  the  City  of  Galveston 


Penalty  for 
not  assessing. 


tion  of  State  and  County  taxes.  If  any  person  shall  fail  or 
refuse  to  render  his  property  for  taxation  under  oath  in  form 
and  manner  as  required  by  the  Board  of  Commissioners,  or 
otherwise  by  law,  when  called  upon  and  requested  so  to  do 
by  the  Assessor  and  Collector  of  Taxes,  he  shall  be  punished 
by  fine  of  not  less  than  five  ($5)  dollars  nor  more  than  twenty- 
five  ($25)  dollars  for  each  day  during  which  he  shall  so  fail 
or  refuse. 


Taxes  a  lien  on 
property. 


Sec.  56.  All  taxes  shall  be  a  lien  on  all  the  property  upon 
which  they  are  assessed,  both  real  and  personal,  until  they 
shall  have  been  paid,  and  may  be  collected  by  suit  and  fore- 
closure of  such  lien  in  any  court  of  competent  jurisdiction, 
and  in  addition  thereto  the  Board  may  adopt  and  enforce  any 
tion  of  taxes,  remedy  provided  by  law  for  the  collection  of  State  and  county 
taxes. 


Abbreviations, 
figures,  etc., 
on  rolls,  suf- 
ficient and 
valid. 


Irregularities 
do  not  invali- 
date rolls. 


Liberally 
construed 


Bankrupt 
stocks  seized 
for  unpaid 
taxes. 


Sec.  57.  Any  and  all  descriptions  of  real  estate,  blocks, 
outlots,  lots  or  any  parts  or  fractions  thereof,  and  of  all  per- 
sonal property,  and  any  and  all  dates,  years,  valuations,  taxa- 
tions, numbers,  quantities  or  amounts  contained  in  any  assess- 
ment roll,  land  tax  book,  personal  tax  book,  or  descriptions 
contained  in  any  book  or  roll  and  for  the  purpose  of  assessing 
property,  shall  be  sufficient  and  valid  when  made  or  stated 
in  whole  or  part,  in  abbreviations  or  contractions  of  words, 
letters,  characters  or  figures;  and  when  so  made  or  stated  shall 
be  deemed  and  held  to  be  fully  and  fairly  made  and  stated 
as  though  the  same  had  been  written  out  in  full.  No  error 
or  irregularity  in  any  assessment  roll,  tax  book,  or  other  docu- 
ment relating  to  the  levy,  assessment,  equalization  or  collection 
of  the  taxes  of  the  city  shell  in  any  manner  affect  or  impair 
the  validity  of  any  tax,  or  affect  the  proceedings  for  the  col- 
lection thereof;  but  every  such  assessment  shall  be  liberally 
construed  to  affect  the  purposes  and  objects  of  this  section  in 
determining  the  validity  thereof. 

Sec.  58.  That  in  all  cases  where  any  dealer  in  goods,  or 
merchandise  of  any  kind,  subject  to  either  ad  valorem  or  occu- 
pation tax  or  both  under  the  provisions  of  this  Act,  shall,  after 


Charter  of  the  City  of  Galveston  Sec.  59  59 

the  rendition  of  said  goods,  wares  or  merchandise  for  ta^tation, 
or  after  becoming  liable  for  any  occupation  tax,  become,  or  be 
adjudged,  bankrupt,  or  make  an  assignment  of  said  goods, 
wares  or  merchandise,  or  sell  out  or  transfer  the  same  in  bulk, 
then  the  Assessor  and  Collector  of  Taxes  shall  at  once  present 
to  the  trustee  in  bankruptcy,  receiver,  assignee,  or  vendee  of 
said  dealer  for  payment  a  statement  of  the  amount  due  for 
said  occupation  or  ad  valorem  taxes  by  said  dealer,  and  in  case  ojUector  may 
of  the  failure  of  said  trustee  in  bankruptcy,  receiver,  assignee paJ/by^^^  "^'^'^ 
or  vendee  to  at  once  pay  the  amount  of  said  taxes,  the  said  l^ustee?'^ 
Assessor  and  Collector  shall,  by  virtue  of  his  assessment  roll, 
levy  upon,  seize  and  sell  from  the  said  goods,  wares  or  mer- 
chandise enough  to  satisfy  the  amount  of  said  taxes,  interest 
and  costs,  such  sale  to  be  conducted  in  the  manner  now  pre- 
scribed for  the  sale  of  personal  property  under  execution ;  and  ^'^^^^  ^^^^' 
said  taxes,  until  paid,  shall  be  and  constitute  a  prior  lien  on 
all  of  said  merchandise,  goods  and  wares,  in  default  of  the  pay- 
ment of  said  taxes;  and  whenever  any  goods,  wares  or  merchan- 
dise shall  be  levied  upon  or  seized  under  any  writ  of  attachment 
or  execution  upon  which  the  said  city  has  a  claim  for  ad  valorem 
or  occupation  taxes  unpaid,  said  Assessor  and  Collector  shall 
present  for  payment  to  the  officer  levying  said  writ  of  attach- 
ment or  execution  the  amount  due  for  said  taxes,  interest  and 
costs  on  said  goods,  wares  or  merchandise,  and  in  case  of  the 
failure  of  said  officer,  or  of  the  plaintiff  in  said  writ,  to  at  once 
pay  the  amount  of  said  taxes,  said  Assessor  and  Collector  shall 
proceed  to  levy  upon,  seize  and  sell  enough  of  said  goods,  wares 
or  merchandise  to  satisfy  the  amount  of  said  taxes,  interest 
and  costs,  as  hereinbefore  provided. 


Sec.  59.     No  demand  for  the  pavment  of  any  taxes  due  the  Taxes, 

demand  for, 

city  shall  be  necessary,  but  it  is  hereby  made  the  duty  of  every  not  necessary, 
person   or   corporation    subject   to   taxation   to   attend   at   the 
office  of  the  Assessor  and  Collector  of  Taxes  at  the  time  when 
said  taxes  are  made  payable  and  pay  all  such  taxes. 


6o 


Sec.  61-62 


Charier  of  the  City  of  Galveston 


Sxes^coi-  ^®^*  ^^*     "^^^  taxes  due  by  property  owners  on  any  and  all 

lected  by  suit,  property  for  the  year  1884,  and  up  to  and  including  the  year 
1899,  and  for  all  years  to  come  until  otherwise  provided  .by 
charter,  as  appears  upon  the  tax  rolls  of  said  city,  may  be 
collected  by  suit  from  delinquents  and  foreclosure  of  the  lien 
thereon  be  had  in  any  court  having  jurisdiction  of  the  same, 
and  any  person  who  shall  purchase  property  encumbered  with 
a  lien  for  taxes  shall  te  deemed,  as  to  such  taxes,  a  delin- 
quent taxpayer,  and  such  purchaser  takes  the  property  charged 
with  the  lien,  and  he  can  not  interpose  any  defense  which  his 
vendor  might  not  have  interposed  had  he  continued  to  be  the 
owner  thereof.  And  no  delinquent  taxpayer  shall  have  the 
right  to  plead  in  any  court,  or  in  any  manner  rely  upon,  any 
statute  of  limitation  by  way  of  defense  against  the  payment 
of  any  taxes  or  assessments  due  from  him  or  her  to  the  city 
of  Galveston. 


Purchaser  of 
property  a 
delinquent, 
■when. 


Taxes  not 
subject  to 
limitation 
plea. 


Unpaid  taxes       Scc.  61.     For  Special  cause  the  Board  may  at  any  time  order 

hands  of  City  any  unpaid  taxes  to  be  placed  in  the  hands  of  the  City  Attorney 

for  collection,  and  in  January  of  each  year  shall  order  placed 

Suit  for  taxes  in  the  hauds  of  said  Attorney  for  suit  and  collection  all  unpaid 

over-due  one  ^  ^  ^  ^ 

year.  taxes  that  have  been  due  one  year  or  more. 


Occupation 
taxes. 


Persons  and 
occupations 
subject  to. 


Xricensed  and 
regulated. 


Not  to  exceed 
one-half  State 
tax. 


Sec.  62.  Said  Board  of  Commissioners  shall  have  the  power 
to  license,  tax  and  regulate  merchants,  commission  merchants, 
hotel  and  inn  keepers,  drinking  houses  or  saloons,  barrooms, 
beer  saloons  and  all  places  or  establishments  where  intoxicat- 
ing or  fermented  liquors  are  sold,  brokers,  money  brokers, 
and  all  other  trades,  professions,  occupations  and  callings  of 
every  kind  not  specially  mentioned  herein  as  may  be  taxed 
or  licensed  by  the  laws  of  the  State,  but  no  assessment  or  license 
tax  under  this  section  shall  exceed  one-half  of  the  amount  levied 
by  the  State  for  the  same  period  on  such  profession  or  occupa- 
tion, and  the  same  may  be  regulated,  levied  and  collected 
in  the  same  manner  as  said  taxes  are  regulated,  levied  and 
collected  by  the  State.  The  license  and  occupation  tax  author- 
ized to  be  levied  by  this  Act  shall  be  collected  by  the  Assessor 


Charter  of  the  City  of  Galveston  Sec.  63-66  61 

and  Collector  of  Taxes,  and  shall  be  paid  to  that  officer  by  each 
and  every  person  and  firm  before  engaging  in  any  trade,  pro- 
fession, business,  calling,  vocation  or  occupation  subject  to 
said  tax  as  is  provided  by  the  terms  of  this  Act. 

Sec.  63.     The  Board  of  Commissioners  of  said  city,  by  the  Compromise 

•^  -^  and  reduction 

unanimous  vote  of  the  fuU  Board,  shall  have  the  power  and  of  taxes, 
are  hereby  authorized  to  correct,  adjust  and  reduce  any  assess- 
ment upon  property  made  prior  to  1901,  and  in  cases  of  financial 
inability  or  acute  financial  distress  caused  by  the  hurricane 
of  September  8,  1900,  to  compromise,  adjust  and  settle  any 
uncollected  taxes,  interest  and  penalty  levied  for  the  year  1900 
by  said  city  upon  such  property,  and.  also  to  compromise  and 
settle  any  judgment  for  taxes,  interest  and  penalty. 

Sec.  64.  That  all  revenue  arising  from  assessments  on  real  School  taxes 
and  personal  property,  that  have  been  heretofore  or  may  here- 
after be  made  or  levied  on  account  of  public  schools  or  public 
education  in  the  said  city,  shall  be  and  remain  for  the  use  and 
benefit  of  the  public  schools  of  said  city,  and  when  the  said 
tax  is  collected,  it  shall  be  paid  over,  weekly,  to  the  treasurer 
of  the  Board  of  Public  School  Trustees  of  said  city. 

School  taxes 
— Igw  And 

Sec.  65.  The  Board  of  Commissioners  of  said  City  of  Galves-  assessment  of. 
ton  shall  annually  levy  and  assess  the  special  tax  for  the  sup- 
port of  the  public  free  schools  in  said  city  that  has  heretofore 
been  or  may  be  hereafter  voted  for  that  purpose  by  the  qualified 
voters  in  the  City  of  Galveston,  by  an  ordinance  duly  passed 
by  said  Board  upon  the  requisition  of  the  Board  of  Trustees 
of  the  public  schools  of  the  City  of  Galveston,  said  tax  to  be 
levied  and  assessed  in  the  same  manner  as  is  required  by  this 
Act  in  the  levy  and  assessment  of  taxes  for  general  purposes. 

Street  rail- 

Sec.  66.     The  Board  of  Commissioners  shall  have  power  tOxS?^' 


assess  and  collect  the  ordinary  municipal  taxes  upon  city  or  Sfmpe1^?epair 
horse  railroads,  and  to  compel  the  said  city  railroad  companies  riage^^lLpte' 
to  keep  their  roads  in  repair,  and  to  restrain  the  rate  of  travel  accomodations 


62 


Sec.  67 


Charter  of  the  City  of  Galveston 


Rate  of  travel, 


Penalties  for 
violations. 


To  fill,  grade 
and  pave  be- 
tween tracks. 


Railroad  fail- 
ing after 
notice,  city 
may  have 
work  done. 


Cost  collected 
— lien  for. 


SO  as  not  to  exceed  seven  miles  per  hour,  and  to  compel  said 
cit}'  railroads  to  supply  ample  accommodation  for  the  safe 
and  convenient  travel  of  the  people  on  any  street  where  their 
tracks  may  run.  The  Board  of  Commissioners  may  enforce 
these  regulations  by  proper  ordinance,  with  suitable  penalties 
for  all  violation  of  said  ordinances.  Whenever  the  said  Board 
of  Commissioners  shall  determine  to  fill,  grade,  pave  or  other- 
wise improve  any  street  or  avenue,  and  over  and  upon  which, 
or  any  portion  thereof,  there  may  be  tracks  and  roadbed  of 
any  railroad  company,  the  said  railroad  company  shall,  upon 
notice,  fill,  grade,  pave  or  otherwise  improve  the  portion  of 
said  street  or  avenue  so  occupied  by  it,  between  the  rails  of  said 
tracks  and  for  one  foot  on  each  side  of  said  rails,  with  such 
material  and  in  such  manner  as  has  or  may  be  provided  by 
said  Commissioners  for  the  ijnprovement  of  the  other  portions 
of  such  street  or  avenue.  Upon  failure  so  to  do,  after  thirty 
days'  notice,  the  said  Board  may  so  improve  such  street  or 
avenue  between  said  rails  and  for  one  foot  on  each  side  thereof 
for  account  of  said  railroad  company,  and  for  all  sums  so 
expended,  and  legal  interest  thereon,  the  City  of  Galveston 
shall  have  a  first  lien  on  the  roadbed,  franchises  and  other 
property  of  said  railroad  company  and,  if  not  paid  upon  demand, 
suit  may  be  brought  by  said  city  to  recover  said  indebtedness 
and  for  the  foreclosure  of  said  lien. 


Sec.  67.      (a)     The  City  of  Galveston  shall  have  the  power 
S''^1!al«''o/' to  issue  bonds  to  the  amount  of  not  exceeding  $3,100,000  of 
such  denomination  as  the  Board  of  Commissioners  may  deter- 
mine, payable  at  such  time,  not  to  exceed  fifty  years,  as  they 
may  determine  and  as  may  be  agreed  to  by  the  holders  of  such 
bonds,  bearing  interest,   payable   semi-annually,   at   a  rate  to 
Interest  rate,    be  agreed  on  by  the  holders  of  such  bonds  and  the  Board  of 
Commissioners;  said  interest  rate,  however,  not  to  exceed  five 
per  cent  per  annum,  but  the  City  of  Galveston  shall  have  the 
Old  bonds—     right  to  select  by  lot,  as  interest  coupons  on  said  bonds  mature, 
how  retired,      g^flf^^ient  of  the  bouds  to  retire  at  not  exceeding  par,  not  less 


Charter  of  the  City  of  Galveston  Sec.  67  63 

than  two  per  cent  per  annum  of  the  total  bonds  outstanding 
of  each  issue  into  the  sinking  fund  thereof.  These  bonds  are  Bonds  to  be 
to  be  issued  for  the  purpose  of  refunding  such  of  the  outstand- ^^"'^^®'^-  . 
ing  bond  issues  of  the  City  of  Galveston  as  are  hereinafter 
specified;  that  is  to  say,  a  sufficient  number  of  said  bonds  so 
authorized  to  be  issued  shall  ]pe  in  lieu  and  instead  of  the  out- 
standing forty-year  limited  debt  bonds  of  1881;  a  sufficient 
number  of  said  bonds  so  authorized  to  be  issued  shall  be  in 
lieu  and  instead  of  the  waterworks,  street  improvement  and 
city  hall  bonds  outstanding;  a  sufficient  number  thereof  shall 
be  in  lieu  and  instead  of  the  forty-year  limited  debt  bonds  of 
1891  outstanding;  a  sufficient  number  thereof  shall  be  in  lieu 
and  instead  of  the  general  indebtedenss  funding  bonds  of  1895 
outstanding;  a  sufficient  number  thereof  shall  be  in  lieu  and 
instead  of  the  general  indebtedness  funding  bonds  approved 
September  8,  1897,  outstanding;  a  sufficient  number  thereof 
shall  be  in  lieu  and  instead  of  bonds  outstanding  issued  for 
the  establishment  and  maintenance  of  a  sewerage  system  in 
pursuance  of  an  ordinance  of  the  City  of  Galveston  passed 
December  16,  1897,  and  the  amendment  thereof  passed  August 
21,  1899. 

(b)  The  Board  of  Commissioners  of  the  City  of  Galveston  T|^jJevy^r 
shall  have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 

tax  not  exceeding  twenty  cents  on  the  o"ne  hundred  dollars 
valuation  of  all  property  subject  to  taxation  within  said  city 
in  order  to  provide  for  the  payment  of  interest  at  such  rate 
as  may  hereafter  be  determined  by  the  Board  of  Commissioners 
of  said  City  of  Galveston,  not  to  exceed  five  per  cent  per  annum, 
and  to  create  a  sinking  fund  of  not  less  than  two  per  cent  per 
annum  on  such  amount  of  the  total  bonds  remaining  unpaid 
of  the  issue  of  what  is  known  as  the  forty-year  limited  debt 
bonds  of  1881,  and  refunding  bonds,  respectively,  issued  in 
lieu  of  same. 

(c)  The  Board  of  Commissioners  of  the  City  of  Galveston  ^|^rwSi«!^ 
shall  have  the  power  to  levy,  assess  and  collect  an  annual  ad pro^vem^nt 
valorem  tax  not  exceeding  sixteen  and  four-tenths  cents  on  the  bSnds*^  ^*" 


64 


Sec.  67 


Charter  of  the  City  of  Galveston 


one  hundred  dollars  valuation  of  all  property  subject  to  taxa- 
tion within  said  city,  in  order  to  provide  for  the  payment  of 
interest  at  such  rate  as  may  hereafter  be  determined  by  the 
Board  of  Commissioners,  not  to  exceed  five  per  cent  per  annum, 
and  to  create, a  sinking  fund  of  not  less  than  two  per  cent  per 
annum  on  such  amount  of  the  total  bonds  remaining  unpaid 
of  the  issue  of  what  is  known  as  the  waterworks,  street  improve- 
ment and  city  hall  bonds,  and  refunding  bonds,  respectively, 
issued  in  lieu  of  same. 


Tax  levy  for 
1891  bonds. 


(d)  The  Board  of  Commissioners  of  the  City  of  Galveston 
shall  have  the  power  to  levy,  assess  and  collect  an  annual  ad 
valorem  tax  not  exceeding  thirty -three  cents  on  the  hundred 
dollars  valuation  of  all  property  subject  to  taxation  within 
said  city,  in  order  to  provide  for  the  payment  of  interest  at 
such  rate  as  may  hereafter  be  determined  by  the  Board  of  Com- 
missioners, not  to  exceed  five  per  cent  per  annum,  and  to  create 
a  sinking  fund  of  not  less  than  two  per  cent  per  annum  on  said 
amount  of  the  total  bonds  remaining  unpaid  of  the  issue  of 
what  is  known  as  the  forty-year  limited  debt  bonds  of  1891, 
and  refunding  bonds,  respectively,  issued  in  lieu  of  same. 


Tax  levy  for 
1895  bonds. 


(e)  The  Board  of  Commissioners  of  the  City  of  Galveston 
shall  have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 
tax  of  not  exceeding  five  and  five-tenths  cents  on  the  one  hundred 
dollars  valuation  of  all  property  subject  to  taxation  within 
said  city,  in  order  to  provide  for  the  payment  of  interest  at 
such  rate  as  may  hereafter  be  determined  by  the  Board  of 
Commissioners,  not  to  exceed  five  per  cent  per  annum,  and 
to  create  a  sinking  fund  of  not  less  than  two  per  cent  per  annum 
on  such  amount  of  the  total  bonds  remaining  unpaid  of  the 
issue  of  what  is  known  as  the  general  indebtedness  refunding 
bonds  of  1895,  and  refunding  bonds,  respectively,  issued  in 
lieu  of  same. 


Tax  levy  for 
1897  bonds. 


(f)     The   Board  of  Commissioners  of  the  City  of  Galveston 
shall  have  i)ower  to  levy,  assess  and  collect  an  annual  ad  valorem 


Charter  of  the  City  of  Galveston  *    Sec.  67  65 

tax  of  not  exceeding  five  cents  on  the  one  hundred  dollars 
valuation  of  all  property  subject  to  taxation  within  the  said 
city,  in  order  to  provide  for  the  payment  of  interest  at  such 
rate  as  may  hereafter  be  determined  by  the  Board  of  Com- 
missioners, not  to  exceed  five  per  cent  per  annum,  and  to  create 
a  sinking  fund  of  not  less  than  two  per  cent  per  annum  on  such 
amount  of  the  total  bonds  remaining  unpaid  of  the  issue  of 
what  is  known  as  the  general  indebtedness  refunding  bonds 
of  1897,  and  refunding  bond,  respectively,  issued  in  lieu  of 
the  same.  ^ 

(g)     The  Board  of  Commissioners  of  the  City  of  Galveston  Tax  levy  for 

"  sewer  bonds. 

shall  have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 

tax  of  not  exceeding  ten  cents  on  the  one  hundred  dollars 

valuation  of  all  property  subject  to  taxation  within  said  city, 

in  order  to  provide  for  the  payment  of  interest  at  such  rate 

as  may  hereafter  be  determined  by  the  Board  of  Commissioners, 

not  to  exceed  five  per  cent  per  annum,  and  to  create  a  sinking 

fund  of  not  less  than  two  per  cent  per  annum  on  such  amount 

of  the  total  bonds  remaining  unpaid  of  the  issue  of  what  is  known 

as  the   sewer  bonds   and  refuding  bonds,   respectively,   issued 

in   lieu   of  same;   Provided,   however,   that   the   said   Board  ofgoardof 

Commissioners  shall  not  determine  upon  a  less  rate  of  interest  may  determine 

upon  less  rate 

than  five  per  cent  per  annum  upon  any  outstanding  legal  bonds  of  interest— 

of  the  City  of  Galveston,  except  and  unless  with  the  consent 

of  the  holders  of  such  bonds,  respectively,  and  if   the    holder 

or  holders  of  any  such  bonds  do  not  so  consent  to  a  less  rate 

of  interest  than  five  per  cent  per  annum,  then  and  in  that  case 

the  bond  or  bonds  of  any  such  holder  or  holders  not  so  con-  R^te  when 

,      ,,  ,  .  -  r  n  bondholders 

sentmg  shall  bear  interest  at  the  rate  01  nve  per  cent  per  annum,  fail  to  consent 

(h)     This  Act  shall  not  be  so  construed  as  to  authorize  the  jax  levy  lim- 
Board  of  Commissioners  of  the  City  of  Galveston  to  levy,  orrl^tesfor^^-""^ 
to  assess,  or  to  collect  any  tax  in  excess  of  the  rates  mentioned  funSfng^bJnds. 
in  this  section,  for  the  purpose  of  paying  the  interest  on,  or 


66 


Sec.  67 


Charter  of  the  City  of  Galveston 


For  bonds  not 
funded  tax 
rates  remain 
as  heretofore. 


creating  a  sinking  fund  for,  any  series  of  either  the  outstanding 
bonds  or  the  refunding  bonds  mentioned  in  this  section ;  Provided 
however,  that  if  any  of  such  outstanding  bonds  be  not  refunded 
then  and  in  that  case  said  Board  of  Commissioners  shall  have 
power  to  levy,  assess  and  collect  such  rate  of  taxation  to  pay 
the  interest  on,  and  to  create  a  sinking  fund  for,  such  bonds: 
not  refunded  as  does  not  exceed  the  rate  of  taxation  prescribed 
in  any  legal  ordinance,  resolution  or  act  heretofore  passed  by 
the  City  Council  of  the  City  of  Galveston,  or  Act  of  Legislature 
heretofore  passed  relating  thereto,  providing  for  the  issuance 
and  payment  of  either  principal  or  interest  of  any  such  out- 
standing legal,  unpaid  and  unrefunded  bonds  of  the  City  of 
Galveston-. 


Interest  and 
sinking  funds 
special  funds. 


Bonds  signed 
by  President, 
etc. 


To  be  for- 
warded to 
Comptroller 
for  registration 


Funding  Act 
to  be  pub- 
lished. 


(i)  Each  of  said  funds  so  created  shall  be  a  special  fund 
for  the  purposes  aforesaid,  and  shall  not  be  drawn  upon  or 
diverted  for  any  other  purpose,  and  the  City  Treasurer  of  said 
City  of  Galveston  shall  honor  no  draft  upon  said  fund,  except 
to  pay  the  interest  upon;  or  to  redeem  the  bonds  for  which 
each  or  either  of  said  funds  was  created  under  the  provisions 
of  this  section.  All  bonds  issued  as  refunding  bonds  shall 
be  signed  by  the  President  of  the  Board  of  Commissioners  and 
countersigned  by  the  Secretary  of  said  Board,  and  shall  be 
payable  at  such  place  as  may  be  fixed  by  ordinance  of  said 
Board  of  Commissioners..  It  shall  be  the  duty  of  the  President 
of  said  Board  of  Commissioners  when  such  bonds  are  issued 
to  forward  the  sarne  to  the  Comptroller  of  the  State  of  Texas, 
whose  duty  it  shall  be  to  register  them  in  a  book  kept  for  that 
purpose,  and  to  endorse  on  each  bond  registered  his  certificate 
of  registration. 

(j)  Immediately  upon  the  qualification  of  the  Commis- 
sioners of  the  City  of  Galveston,  to  be  appointed  and  elected 
as  provided  in  this  Act,  or  as  soon  thereafter  as  practicable, 
it  shall  be  their  duty  to  make  publication  of  the  terms  and  this 
funding  act;  but  the  passage  of  this  Act  shall  be  and  is  hereby 
deemed  sufficient  notice  to  the  holders  of  the  present  bonds 
of  the  City  of  Galveston  now  standing. 


Charter  of  the  City  of  Galveston  •  Sec.  67  67 

(k)     The    manner    of    exchange    of    refunding    bonds,    their  coj^missioners 
date  of  issuance,  rate  of  interest,  maturity  and  all  other  details interesr etc., 

.  for  refunding, 

of  the  issuance  of  the  new  bonds  is  hereby  left  to  the  Board  etc. 
of  Commissioners  under  such  rules  and  regulations  as  a  majority 
of  them  shall  prescribe,   not   inconsistent  with  the  provisions 
of  this  Act. 

(1)     The    acceptance    and    consummation    by    any    creditor  i^eiease  h.y 

^  ^  ^  -^  -^  bondholder  of 

of  the  exchange  of  bonds  provided  by  this  Act  shall  of  itself  "^collected 
operate  to  assign  and  transfer  to  said  municipal  corporation 
all  his  rights  to,  and  claims  against,  the  uncollected  taxes  or 
other  assets  whatever  of  said  municipal  corporation,  including 
whatever  funds  there  may  be,  either  in  bonds,  money  or  other 
securities,  held  in  either  interest  or  sinking  funds  of  the  issue 
so  exchanged  or  refunded,  with  the  right  in  said  municipal 
corporation  to  enforce  the  same  either  in  its  own  name  or  in 
the  name  of  the  creditor,  and  the  funds  that  may  be  realized 
therefrom  are  to  be  paid  to  the  Treasurer  of  said  municipal 
corporation,  and  they  are  hereby  devoted  and  appropriated 
to  the  payment  of  the  present  floating  debt  of  the  City  of  Gal- 
veston ;  and  after  that  is  paid  to  go  in  the  general  fund  for  an 3^  taxes  to  be  ap- 
proper  municipal  purposes,  so  far  as  is  not  inconsistent  with  fng  debt  aS' 

the  terms  of  this  Act.  general  fund. 

(m)     Said    Board   of   Commissioners   shall   have   the   power.  Sinking  fund 
and  it  is  made  their  duty,  from  time  to  time  as  they  may  deter- of. 
mine  whenever  as  much  as  five  thousand  ($5000)  dollars  shall 
have  accumulated  in  the  sinking  fund  of  any  series  of  bonds, 
to  invest  the  same  in  bonds  of  any  such  series,  in  bonds  of  said 
City  of  Galveston,  in  bonds  of  the  State  of  Texas,  or  in  bonds 
of  the  United  States,  as  may  be  deemed  most  advantageous 
by   said   Board;   Provided,  however,   that  when  bonds  of  any 
particular    series    have    heretofore    been    or   may   hereafter   be 
purchased  for  the  sinking  fund  of  the  same  series,  said  bonds 
shall  be  cancelled  and  retired.     It  shall  be  the  duty  of  said  purchased  to 
Board  of  Commissioners  upon  the  surrender  of  any  evidence 


68 


Sec.  67 


Charter  of  the  City  of  Galveston 


•  of  indebtedness  for  which  a  new  bond  is  to  be  issued  under 
Bond  or  evi-  the  provisions  of  this  Act,  and  before  the  said  bond  is  delivered, 
to  b?  ^^  ^^^*  to  cancel  the  evidence  of  indebtedness  so  surrendered  with  a 
cancel  e  .  punch  or  by  writing  across  the  face  thereof  that  it  is  cancelled, 
so  that  it  can  not  be  again  used.  All  matured  interest  coupons 
shall  be  surrendered  with  the  bonds,  and  no  bond  shall  be 
Unmatured  rcccivcd  or  refunded  from  which  unmatured  interest  coupons 
surrSereli  ^  2,re  dctachcd,  unless  such  coupons  are  produced  and  surrendered 

Seemed^'         with  the  bond. 


Bond  register 
to  be  kept. 


Payment  of 
bonds  or 
coupons  to  be 
noted  in 
register. 


(n)  Said  Board  of  Commissioners  shall  also  keep,  or  cause 
to  be  kept,  for  and  on  behalf  of  the  City  of  Galveston,  a  com- 
plete bond  registry  and  set  of  books,  showing  all  bonds  issued, 
the  date  and  amount  thereof,  the  rate  of  interest,  maturity, 
etc.,  of  all  bonds  or  other  indebtedness  surrendered  under  the 
provisions  of  this  Act,  and  all  the  other  transactions  of  such 
Board  having  reference  to  the  refunding  of  the  indebtedness 
of  said  city.  When  bonds  or  their  coupons  are  paid,  their 
payment  or  cancellation  shall  be  noted  in  said  registry,  and 
the  said  book  so  required  shall  be  kept  safely  among  the  records 
of  the  said  City  of  Galveston. 


No  taxing  (o)     Said  Board  of  Commissioners  shall  have  power  to  impose, 

power  except 

that  provided  levy  and  collect  ad  valorem  taxes,  poll  taxes,  occupation  taxes, 
license  taxes  and  such  other  taxes  as  are  specially  authorized 
by  this  charter,  but  shall  not  exercise  any  other  taxing  power. 


Officers  pun- 
ished for 
breach  of 
trust  in  like 
manner'as 
State  officers. 


(p)  That  for  any  violation  of  the  trusts  imposed  upon  the 
officers  or  agents  of  the  City  of  Galveston  employed  under 
this  Act,  the  same  consequences  shall  follow,  civilly  and  crimi- 
nally, that  result  from  any  breach  of  trust  or  willful  violation 
of  duty  imposed  by  law  upon  any  of  the  officers  of  the  State 
of  Texas  charged  with  the  discharge  of  like  duties,  and  for  a 
breach  of  trust  or  willful  violation  of  duty  in  respect  thereof, 
upon  conviction,  they  shall  be  punished  in  like  manner  as  is 
or  may  be  provided  by  the  penal  laws  of  the  State  of  Texas. 


Charter  of  the  City  of  Galveston  Sec.  68-69  69 

Sec.  68.     The  Board  of  Commissioners  of  said  City  of  Gal- Grade  raising 
veston  shall  have  the  power  and  they  are  hereby  authorized  ^^^°;fo™®"* 
to  appoint  a  board  of  engineers,  to  consist  of  three  competent  ®°^^^*'''^' 
and  skilled  engineers,  who  shall  devise  and  report  -to  said  Board 
of  Commissioners  plans   and   specifications,   with   estimates  of 
the  cost,  for  elevating,  filling  and  grading  the  avenues,  streets, 
sidewalks,   alleys  and  lots  of  the  City  of  Galveston  so  as  to 
protect   said  city  from  overflow  from  the  waters  of  the  gulf, 
and  to  secure  sufficient  elevation  for  drainage  and  sewerage. 
When  the  report  of  said  board  of  engineers  has  been  adopted 
Vjy  the  Board  of  Commissioners,  all  filling,  raising  and  grading 
in  said  city  shall  be  done  w^ith  reference  to  the  grades  thus 
established.     The   Board   of   Commissioners   are   authorized  to  Q^ade  estab- 
spend  out  of  the  general  revenue  of  the  city  a  sum  not  to  exceed  ^^^^®^* 
ten  thousand  ($10,000)  dollars  to  pay  for  the  expenses  of  said  compensation 
board  of  engineers. 

Sec.  69.     The  Board  of  Commissioners  shall  have   the  power,  Bonds  issued 
and  are  authorized  to  issue  from  time  to  time,  bonds  of  the  raising. 
City  of  Galveston  in  the  denomination  of  one  hundred  ($100) 
dollars   or   multiples   thereof,   to   the   amount   of  two   million 
($2,000,000)   dollars,  payable  not  more  than  fifty  years  after 

,,^  .,^.^"^^1.  .  ,^       Maximum 

their  date,  with  the  right  of  the  city  at  any  time  to  select  by  amount, 
lot  and  redeem  with  the  sinking  fund  any  of  them,  and  bearing 
interest,  payable  semi-annually,  at  the  rate  of  not  to  exceed  five 
(5)  per  cent  per  annum.  Said  bonds  shall  not  be  sold  or  other- 
wise disposed  of  at  less  than  par,  and  their  proceeds  shall  be 
used  and  expended  for  raising  and  filling  to  grade  the  avenues, 
streets,  sidewalks,  alleys,  blocks,  outlots  and  lots  in  said  city, 
viz.: 

First  in  point  of  time : 

Beginning  at  or  near  the  southerly  or  gulf  end  of  Twenty-  First  filling 
fifth  street  or  Rosenberg  avenue  and  north  of  the  site  of  the 
Galveston  seawall  as  designated  by  order  of  the  Commissioners 
Court  of  Galveston  County,  and  filling  easterly  and  westerly 
therefrom  simultaneously,  covering  the  same  amount  of  area. 


70 


Sec.  69 


Charter  of  the  City  of  Galveston 


Grade  raising 
territory  de- 
fined. 


The  territory  to  be  so  filled  is  botmded  and  described  as 
follows:  Beginning  at  the  intersection  of  the  north  line  of 
Broadway  and  Forty-fifth  street,  where  the  levee  designed 
by  the  Board  of  Seawall  Engineers  intersects  said  street: 

Thence  eastwardly  along  the  north  line  of  Broadway  to  its 
intersection  with  the  west  line  of  Thirteenth  street. 

Thence  northerly  •  along  the  west  line  of  Thirteenth  street 
to  the  south  line  of  Avenue  A. 

Thence  easterly  along  the  south  line  of  Avenue  A  to  the 
line  of  the  said  seawall  site; 

^   Thence  with  the  line  of  said    seawall  site  to  its  terminus    at 
Thirty-ninth  street ; 

Thence  with  the  site  of  said  levee  so  designated  to  its  inter- 
section with  Broadway  at  Forty-fifth  street. 


Second  in  point  of  time: 


Second  in 
point  of  time. 


Amount 
allowed  for 
raising  grade 
of  streets. 


Haising  build- 
ings to  grade. 


May  be  done 
by  city;  how 
paid  for. 


Any  portion  of  the  following  described  part  of  said  City  of 
Galveston  which  may  be  designated  to  be  filled  and  raised  to 
grade  by  the  Board  of  Commissioners  of  said  city,  towit:  All 
that  part  of  the  said  city  being  between  Thirteenth  and  Thirty - 
ninth  streets  and  north  of  Broadway. 

Said  Board  of  Commissioners  may  also  expend  and  use  not 
to  exceed  one  hundred  thousand'  ($100,000)  dollars  of  the 
proceeds  of  said  bonds  in  raising  and  filling  to  grade  the  streets, 
alleys  and  avenues  in  any  locality  in  said  city. 

All  lots  and  blocks  and  outlots  and  buildings  thereon  in 
any  portion  of  the  city  above,  or  which  may  be  designated  to 
be  filled  or  raised,  and  that  are  below  the  grades  that  may  be 
established  for  those  localities,  are  hereby  declared  to  be  danger- 
ous to  the  health  and  safety  of  the  inhabitants  of  said  city,  and 
a  public  necessity  exists  for  raising  and  filling  the  same  to  grade, 
and  said  Board  of  Commissioners  shall  have  the  power  and  are 
hereby  authorized  to  cause  the  same  to  be  raised  and  filled  to 
grade  and  pay  for  the  same  out  of  the  proceeds  of  the  bonds 
herein  authorized  to  be  issued. 


Charter  of  the  City  of  Galveston  Sec.  69  71 

Provided,  however,  that  such  buildings  shall  be  so  raised  toj^aisingof 
conform  to  the  established  grade  at  the  cost  and  expense  of  ^ost'^^^owner 
the  owner,  who  may  do  or  cause  the  work  to  be  done  in  con-f^j.^^i^^iJ-^^J'^''^ 
formity  to  the  requirements  of  the  Board;  but,  if  the  work  be 
paid  for  as  above  provided  out  of  the  proceeds  of  said  bonds, 
the  city  may  and  shall  recover  of  such  owner  in  any  court    of 
competent  jurisdiction  the  amount  so  paid  therefor;  and, 

Provided,  further,  that  the  Governor  of  the  State  shall  appoint  Grade  Raising 

.  .  ^  ^  Board — ap- 

three  resident  citizens  and  qualified  voters  of  the  City  of  Galves-  pointment  of. 
ton  to  constitute  a  board  for  the  management,  control  and 
direction  of  the  work  of  filling  and  raising  the  avenues,  streets, 
sidewalks,  alleys,  lots  and  outlots  in  said  city  as  herein  con- 
templated or  provided  for,  and  to  make  all  expenditures  of 
funds  for  that  purpose.     Said  board  shall  be  stvled  the  "Grade  „ 

'^       ^  -  Powers  and 

Raisins:  Board  of  the  City  of  Galveston,"  and  may  make  con- duties  of 

°  ■'  '  -'  Board. 

tracts  for  the  work  and  manage,  control  and  direct  said  work 
and  all  expenditures  therefor,  whether  the  same  be  done  by 
contract  or  otherwise;  but  before  any  such  work  shall  be  done, 
or  contract  made,  or  any  expenditures  shall  be  made,  the  same 
shall  be  reported  to  and  approved  by  the  Board  of  Commis- 
sioners  of  the   City   of   Galveston,   and   all   such   expenditures  All  proposed 

-^  '-  plans  and  work 

when  so  approved  shall  be  appropriated  and  ordered  paid  by  to  be  reported 
said    Board   of   Commissioners.     Each   member   of   said   Grade  proved  by  City 

Co  mmi  ssio  ners . 

Raising  Board  shall  receive  for  his  services  a  salary  of  five 
hundred  ($500)  dollars  per  annum  in  monthly  installments 
out  of  the  general  revenue  of  the  city  and  as  other  current  and 'oath?" 
expenses  of  said  city.  Each  member  of  said  Board  shall  take 
the  oath  of  office  prescribed  by  the  Constitution,  and  give  bond 
in  the  sum  of  five  thousand  ($5000)  dollars,  payable  to  the 
Governor  of  the  State,  and  approved  by  the  Board  of  Commis- 
sioners, and  conditioned  for  the  faithful  performance  of  his 
duties;  his  term  of  office  shall  not  exceed  two  years,  nor  extend 
beyond  the  completion  of  the  work,  and  at  any  time,  for  cause  ^^^"^  °^  "^^^^* 
in  his  judgment  sufficient,  the  Governor  may  discontinue  said 
Board  temporarily  or  permanently,  or  remove  any  member 
thereof. 


72  SEC.-yo-yis-  Charter  of  the  City  of  Galveston 


K' 


State  tax  dona-  Scc.  70.  All  moncys  that  have  been  or  may  be  donated  or 
tvv\i^±''^  appropriated  by  the  State  of  Texas  to  the  City  of  Galveston 
^c?f  1905.']  shall  be  applied  to  and  used  for  the  purpose  of  paying  the  inter- 
est upon  and  providing  a  sinking  fund  of  not  less  than  two 
per  cent  per  annum  for  the  redemption  of  the  two  million  dollars 
($2,000,000)  of  bonds,  the  issuance  of  which  is  provided  for 
in  the  preceding  section  (No.  69),  and  said  Board  of  Commis- 
sioners shall  have  the  power  and  are  hereby  authorized  to  levy 
and  cause  to  be  assessed  and  collected  for  the  year  1902  and 
'^a^e^Taisfng  annually  thereafter,  for  the  purpose  of  providing  such  interest 
°^^-  and  sinking  fund,  an  ad  valorem  tax  of  not  to  exceed  sixty 

cents  on  the  one  hundred  dollars  cash  value  of  all  real,  personal 
and  mixed  property  within  the  corporate  limits  of  the  said  City 
of  Galveston,  or  that  may  be  taxable  therein  on  the  first  day 
of  January  of  each  and  every  year,  except  so  much  thereof  as 
may  be  exempted  by  the  Constitution  and  laws  of  this  State 
or  of  the  United  States. 


Wharf  ck)m-         Scc.   71.     In  addition  to  the   ad  valorem  tax  provided  for 

pany  dividends  r    r\  •      • 

to  supplement  in  scction   70  of  this  Act,  said  Board  of  Commissioners  may 

tax  for  grade  ^  .  -.  ,       .  ^  .   .       . 

raising.  cxccpt  SO  far  as  the  same  are  otherwise  disposed  of  by  this  Act, 

also  hypothecate  and  pledge  the  annual  dividends  and  income 
that  may  be  received  by  the  city  from  its  stock  in  the  Galveston 
Wharf  Company,  or  so  much  thereof  as  will,  when  added  to 
the  money  received  each  year  from  the  ad  valorem  tax  provided 
for  in  said  section  70,  be  sufficient  to  pay  the  interest  and  sink- 
ing fund  upon  the  bonds  authorized  to  be  issued  under  said 
section  69  that  are  then  outstanding. 


Bonds  for  Scc.  71a.     The  Board  of  Commissioners  of  the  Citv  of  Gal- 

duplicatemam.  .        ^  ,  ^  .  'i        i  j 

veston  IS  hereby  authorized  and  empowered  to  issue  the  bonds 
of  the  City  of  Galveston  in  the  denomination  of  $100.00,  or 
multiples  thereof  to  the  amount  of  $100,000.00,  said  bonds  to 
be  payable  not  more  than  fifty  years  after  their  date,  and  bear- 
Sterest.  i^g  interest  payable  semi-annually  at  a  rate  not  to  exceed  five 

per  cent  per  annum.     Said  bonds  shall  not  be  sold  or  otherwise 


Charter  of  the  City  of  Galveston  Sec.  71b  73 

disposed  of  at  less  than  par,  and  their  proceeds  shall  be  used  pj-oeeeds,  how 
and  expended  exclusively  for  the  construction  of  a  duplicate  "^®^** 
water  main  across  Galveston  Bay.  And  it  is  hereby  made 
the  duty  of  the  Commissioners  of  the  City  of  Galveston  when- 
ever said  bonds  are  issued,  to  levy  and  cause  to  be  assessed 
and  collected  annually  for  the  purpose  of  providing  for  the  tj^^  levy  for. 
payment  of  the  interest  on  said  bonds,  and  a  sinking  fund  of 
two  per  cent,  an  ad  valorem  tax  not  to  exceed  3  cents  on  the 
$100.00  cash  value  of  all  real,  personal  and  mixed  property 
within  the  corporate  limits  of  said  City  or  that  may  be  taxable 
therein,  on  the  first  day  of  January  of  each  and  every  year, 
except  so  much  thereof  as  may  be  exempted  by  the  Constitu- 
tion and  laws  of  this  State  or  of  the  United  States,  from  taxa- 
tion. The  City  of  Galveston  shall  have  the  right  at  any  time 
to  select  by  lot  and  redeem  any  of  the  aforesaid  bonds  with  ^^^onds!^^" 
the  sinking  funds  that  may  accrue  from  taxation,  or  with  any 
of  the  funds  said  City  may  have  for  that  purpose.  It  being 
expressly  understood  that  the  said  Board  of  Commissioners 
may  set  aside  and  appropriate  annually,  in  addition  to  the 
sinking  fund  aforesaid,  all  surplus  revenues  arising  from  the 
City  waterworks,  which  may  be  used  for  the  redemption  of  • 

these  bonds. 

Sec.  71b.     In  addition  to  the  power  to  issue  anv  and  all  other  Bonds  for 

erection  of 

bonds  as  elsewhere  or  otherwise  provided  in  or  bv  the  Charter  public  free 

schools. 

of  said  City  of  Galveston,  the  said  City  of  Galveston  shall  have 
the  power  and  it  is  hereby  authorized  to  issue  from  time  to 
time,  or  at  any  time,  bonds  of  said  City  to  the  amount  of  Fifty 
Thousand  Dollars  ($50,000.00)  of  the  denomination  of  one 
hvndred  dollars  ($100.00),  or  any  multiple  thereof,  pa\^able 
forty  years  after  their  date  and  bearing  interest  payable  semi- Rate  of 

int6rcst. 

annually,  at  a  rate  of  not  exceeding  five  per  cent  per  annum, 
which  said  bonds  shall  be  sold  for  cash  at  not  less  than  par, 
and  the  proceeds  thereof  shall  be  used  and  expended  for  the  Proceeds, 

.  how  used. 

construction,  erection,  equipment,  improvement,  mainten- 
ance and  repair  of  public  free  school  houses  in  said  City  under 
the  direction,  and  upon  the  requisition  of  the  Board  of  Trustees 


74  Sec.  71c  Charter  of  the  City  of  Galveston 

of  the  public  free  schools  of  said  City,  and  no  part  thereof  shall 
ever  be  used  or  expended  for  or  diverted  to  any  other  purpose 
whatsoever;  and  said  proceeds  shall  be  paid  over,  as  and  when 

to^disbuS"^^'^  received,  to  the  Treasurer  of  said  City,  and  said  Treasurer  shall 
pay  out  and  disburse  the  same  only  upon  the  requisition,  order 
or  warrants  of  said  Board  of  Trustees,  signed  by  the  President 
of  said  Board  and  countersigned  by  its  Secretary,  without  other 
authority  for  such  disbursement,  and  without  any  warrant 
drawn  by  the  Auditor  of  said  City  of  Galveston  and  signed  by 
the  President  of  the  Board  of  Commissioners  of  said  City,  and 
countersigned  by  the  Commissioner  of  Finance  and  Revenue, 
under  the  seal  of  the  Board  of  Commissioners  of  the  City  of 

Tax  levy  for.  Galvcston.  The  Board  of  Commissioners  of  the  City  of  Gal- 
veston shall  have  the  power  and  are  hereby  authorized  to  levy 
and  cause  to  be  assessed  and  collected  annually  for  the  purpose 
of  paying  the  interest  upon  said  bonds  and  providing  a  sinking 
fund  for  the  redemption  thereof,  of  not  less  than  two  per  cent 
per  annum,  an  ad  valorem  tax  sufficient  to  pay  said  interest 
and  provide  said  sinking  fund  upon  all  real,  personal  and  mixed 
property  situated  or  owned  in  said  City  of  Galveston,  or  that 
may  be  taxable  therein  on  the  first  day  of  January  of  each  and 
every  year,  except  so  much  of  said  property  as  may  be  exempted 
from  taxation  by  the  Constitution  and  laws  of  this  State  or  of 
the  United  States.  Said  fund  for  the  payment  of  said  interest 
and  the  accumulation  of  said  sinking  fund  shall  not  be  diverted 
to  or  used,  expended  or  drawn  upon  for  any  other  purpose 
whatsoever,  and  the  City  Treasurer  of  the  said  City  shall  honor 
no  draft  or  requisition  of  any  kind  whatsoever  upon  said  fund, 
except  to  pay  the  interest  upon  or  redeem  said  bonds. 

Bonds  for  Scc.  71c.     The  Board  of  Commissioners  of  the  City  of  Galves- 

raising,  etc.      tou  shall  havc  powcr  and  are  hereby  authorized  to  issue  from 

time  to  time  bonds  of  the  City  of  Galveston  in  the  denomination 

of  $100.00  or  multiples  thereof,  to  the  amount  of  $300,000.00, 


Charter  of  the  City  of  Galveston  Sec.  yie  75 

payable  not  more  than  fifty  years  after  their  date,  with  the 
right  of  the  Cit}^  to  select  by  lot  and  redeem  with  the  sinking 
fund  any  of  them  twenty   (20)  vears  after  their  issuance,  and^^ateof 

-^  ^      \       /     ^  interest. 

bearing  interest,  payable  semi-annually,  at  a  rate  of  not  to 
exceed  4)4  per  cent  per  annum.  Said  bonds  shall  not  be  sold 
or  otherwise  disposed  of  at  less  than  par  and  their  proceeds 
shall  be  used  and  expended  exclusively  for  the  grading,  raising, 
filling,  drainage,  paving  or  otherwise  improving  the  avenues, 
streets  and  sidewalks  in  such  parts  or  portions  of  the  City  of 
Galveston  as  may  be  designated  and  selected  by  said  Board 

Tax  levy  for. 

of  Commissioners.  And  said  Board  of  Commissioners  shall 
have  the  power  and  are  hereby  authorized  to  levy  and  cause 
to  be  assessed  and  collected  annually  upon  the  issuance  of  said 
bonds,  an  ad  valorem  tax  not  to  exceed  ten  cents  on  the  $100.00 
cash  value  of  all  real,  personal  and  mixed  property  within  the 
corporate  limits  of  the  City  of  Galveston,  or  that  may  be  tax- 
able therein,  except  so  much  thereof  as  may  be  exempted  by 
the  Constitution  and  laws  of  this  State,  or  of  the  United  States, 
to  pay  the  interest  and  sinking  fund  of  not  less  than  2  per  cent 
upon  said  bonds. 

Sec.  lie.     The  Board  of  Commissioners  of  the  City  of  Gal-  Aid  in  con- 
structing 
veston  be  and  the  same  are  hereby  authorized  to  aid  and  assist  ^^^^^eway. 

the  County  of  Galveston  in  the  construction  of  a  causeway 
across  Galveston  Bay  from  the  main  land  to  Galveston  Island 
opposite  the  limits  of  the  said  City  of  Galveston,  by  appro- 
priating out  of  any  funds  that  may  be  available  for  that  pur- 
pose, a  sum  not  to  exceed  $20,000.00  in  any  one  year  for  a  period 
of  ten  years.  And  in  the  event  no  funds  of  said  City  may  be 
available  for  the  purpose  aforesaid,  then  the  said  Board  of 
Commissioners,  for  the  purpose  of  aiding  and  assisting  said  ^"^fsf^u^^^on 
County    of   Galveston   in    the    construction    of   said   causeway,^   causeway. 


76 


Sec.  72 


Charter  of  the  City  of  Galveston 


Redemption 
of  bonds. 


Rate  of 
interest. 


Tax  levy  for. 


shall  have  the  power  and  are  hereby  authorized  to  issue  from 
time  to  time  bonds  of  the  City  of  Galveston  in  the  denomina- 
tion of  $100.00,  or  multiples  thereof,  to  an  amount  not 
exceeding  $200,000.00^  payable  not  more  than  fifty  years 
after  their  date,  with  the  right  of  the  City  to  select  by  lot  and 
redeem  with  the  sinking  fund  or  otherwise  any  of  said  bonds 
twenty  years  after  their  issuance,  bearing  interest,  payable 
semi-annually  at  a  rate  not  to  exceed  4^  per  cent  per  annum. 
Said  bonds  shall  not  be  sold  or  otherwise  disposed  of  at  less 
than  par  and  their  proceeds  shall  be  used  and  expended  exclu- 
sively to  aid  and  assist  the  County  of  Galveston  in  the  con- 
struction of  said  causeway.  And  said  Board  of  Commissioners 
shall  have  the  power  and  are  hereby  authorized  to  lev}^  and 
cause  to  be  assessed  and  collected  annually  upon  the  issuance 
of  said  bonds,  an  ad  valorem  tax  not  to  exceed  ten  cents  on 
the  $100.00  cash  value  of  all  real,  personal  and  mixed  property 
within  the  corporate  limits  of  the  City  of  Galveston,  or  that 
may  be  taxable  therein,  except  so  much  thereof  as  may  be 
exempted  by  the  Constitution  and  laws  of  this  State,  or  of 
the  United  States,  to  pay  the  interest  and  provide  a  sinking 
fund  of  not  less  than  2  per  cent  upon  said  bonds. 


Bonds  to  be 
voted  on  be- 
fore issued. 


The  bonds  provided  for  in  this  Act  shall  not  be  issued  by 
the  Board  of  Commissioners  of  the  City  of  Galveston  unless 
their  issuance  shall.be  authorized  by  the  votes  of  a  majority 
of  the  qualified  voters  of  the  City  of  Galveston,  who  are  property 
taxpayers  residing  in  said  City,  voting  at  an  election  upon 
the  question  of  the  issuance  of  said  bonds,  as  required  by  Chapter 
CXLIX  of  the  acts  of  the  Twenty-sixth  Legislature  of  the 
State  of  Texas,  approved  May  26th,  1899. 


Grade  raising 
tax,  etc.,  a 
special  trust 
fund. 


Sec.  72.  Each  tax  authorized  under  this  Act  to  be  levied, 
assessed  and  collected  for  the  purpose  of  paying  the  interest 
and  sinking  fund  upon  any  bond  issued  under  this  Act  shall 
be,  and  the  same  is  hereby  declared  to  be,  a  trust  fund  for  the 
purpose  of  paying  the  interest  upon  and  providing  a  sinking 
fund  for  the  redemption  of  the  respective  bonds  for  which  it 


Charter  of  the  City  of  Galveston  Sec.  73  77 

was  levied;  and  when  collected,  the  money  thereupon  shall 
never  be  diverted  from  the  purpose  for  which  it  was  levied, 
nor  used  for  any  other  purpose.  Any  dividend  or  income  that 
may  be  pledged  to  secure  the  interest  and  sinking  fund  upon 
any  of  the  bonds  authorized  to  be  issued  under  this  Act  shall 
also  be,  and  is  hereby  declared  to  be,  a  trust  fund,  and  shall 
never  be  used  for  any  other  purpose  than  that  for  which  the 
same  may  be  hypothecated  or  pledged. 


to 


Sec.  73.     The  President  of  the  said  Board  of  Commissioners  P^^^^uien^^^^^^^ 
shall  cause  to  be  prepared  and  make  stated  financial  reports  afmptroSer. 
at  least  as  often  as  once  every  six   (6)  months  to  the  Comp- 
troller  of  the   State  'of  Texas  in   accordance   with   forms   and 
methods  and  at  times  to  be  prescribed  by   said  Comptroller. 

Certified  to  by 

All   such  reports  shall  be   certified  as  to  their  correctness  by  Auditor. 

the  Auditor  of  said  citv.     Such  reports  shall  be  printed  as  a  public  docu- 
ment, 
part  of  the  public  documents  of  the  State,  and  be  submitted 

Submitted  to 

bv   the   Comptroller   of  the   State   to   the   Legislature   at   each  Legislature. 

regular   session   next   succeeding  the   making   of  such  reports.  Shall  contain 

Such  reports  shall  contain  an  accurate  statement  in  summarized 

form  and  also  in  detail  of  the  financial  receipts  of  the  city  from 

all  sources,  and  of  the  expenditures  of  the  city  for  all  purposes, 

together  with  a  statement  in  detail  of  the  debt  of  said  city  at 

the  date  of  said  report  and  of  the  purposes  for  which  said  debt 

has  been  incurred  as  well  as  ■  such  other  information  as  may 

be  required  by  said  Comptroller  of  the  State.     Said  Comptroller  examine  city 

of  the  State  shall  have  power,  and  it  is  also  made  his  duty,  by  appoint  ex- 

himself   or  by    some    competent   person   or   persons   appointed 

by  him,  to  examine  into  the  affairs  of  the  financial  department 

of  said  city;  on  every  such  examination  inquiry  shall  be  made 

as  to  the   financial   condition   and  resources  of  the   city,   and 

whether  the  requirements  of  the  Constitution  and  laws  have 

been  complied  with,  and  into  the  methods  and  accurracy   of 

the  accounts  of  the  said  city,  and  as  to  such  other  matters  as 

the  said  Comptroller  may  prescribe.     The  Comptroller  of  the 


78 


Sec.  74 


Charter  of  the  City  of  Galveston 


Examiner  may 
administer 
oaths  and 
summon 
witnesses. 


State  and  every  such  examiner  appointed  by  him  shall  have 
power  to  administer  an  oath  to  any  person  whose  testimony 
may  be  required  ^n  any  such  examinaticn,  and  to  compel  the 
appearance  and  attendance  of  any  such  person  for  the  purpose 
of  any  such  examination  and  the  production  of  books  and 
papers.  A  report  of  each  examination  shall  be  made  and 
shall  be  a  matter  of  public  record  in  the  office  of  said  Comp- 
troller. 


Proposals  for 
work  to  be 
advertised  for 


Bids  to  be 
opened. 


Bids  to  be 
recorded. 


When  acted  on. 


Contractor  to 
give  bond. 
Board  to  ap- 
prove bond. 
Contracts 
awarded,  see 
majority  vote. 

Signed  by 
whom. 

Contract  to  be 
recorded. 


Estimates  by 
heads  of 
departments. 


Sec.  74.  That  the  said  Board  of  Commissioners  shall,  in 
every  case,  before  entering  into  any  contract  involving  the 
expenditure  of  more  than  five  hundred  ($500.00)  dollars  adver- 
tise daily  for  one  week  or  more  in  the  official  newspaper  of 
said  City,  to  be  designated  as  provided  in  this  Act,  for  proposals 
for  work  to  be  done,  or  material  to  be  furnished,  and  shall 
open  all  bids  on  the  day  named  in  the  advertisement,  or  as 
soon  thereafter  as  practicable,  in  the  presence  of  not  less  than 
three  (3)  members  of  said  Board,  and  shall  enter  such  bids 
with  the  names  of  the  bidders  in  a  book  to  be  kept  for  that 
purpose,  which  book  shall  at  all  times  be  6pen  for  the  inspec- 
tion of  citizens,  and  every  bid  shall  remain  at  least  one  day 
open  for  discussion  before  any  contract  shall  be  awarded  upon 
it,  and  after  that  time  the  award  shall  be  made,  if  at  all,  to  the 
lowest  responsible  bidder,  who  shall  in  all  cases  be  required 
to  give  ample  bond  and  security  for  its  performance,  the  bond 
and  security  to  be  approved  by  the  members  of  said  Board  or 
a  majority  thereof.  No  contract  shall  be  made  which  does 
not  receive  the  assent  of  a  majority  of  all  said  Board,  and  all 
such  contracts  involving  an  expenditure  of  said  sum  shall  be 
in  writing,  and  shall  be  executed  by  the  President  and  Secretary 
of  said  Board,  and  shall  also,  be  executed  by  the  other  con- 
tracting party  and  shall  be  recorded  in  full  in  a  well  bound 
book  to  be  kept  for  that  purpose  open  to  the  inspection  of  all 
citizens  at  all  times.  The  Commissioners  designated  as  the 
head  of  each  department  shall  in  every  case  involving  an  expen- 


Charter  of  the  City  of  Galveston  Sec.  75-76  79 

diture  of  over  five  hundred  ($500.00)  dollars,  before  any  adver- 
tisement be  made  for  proposals,  submit  to  the  said  Board,  a 
statement  in  writing,  with  an  estimate  by  him  of  the  cost  of 
the  proposed  work  to  be  done,  or  material  to  be  furnished,  and  Approval  of. 
unless  the  same  receive  the  sanction  of  at  least  three  members 
of  said  Board,  it  shall  not  be  advertised  or  undertaken,  said 
written  sanction  to  be  endorsed  on  the  statement  with  the 
estimate  made  by  said  Commissioner,  and  to  be  kept  on  file 
in  the  ofhce  of  said  Board.     It  shall  be  a  felonv  for  any  member  ^^ 

.  -1     -I-  ".      ^.  .  No  Commis- 

of  said  Board  to  become  mterested  directlv  or  mdirectly,  nearly  sioner  to  be 

1         •  r  1  •      1    ^      1     1      1  r      <•        •  1    /-»•         interested  in 

or  remotely,  m  any  contract  of  any  kmd  m  behalf  of  said  City,  contracts, 
and  upon  conviction,  the  party  shall  be  punished  as  provided 
by  article  266  of  the  Penal  Code  of  the  State  of  Taxas,  govern- for. 
ing  such  matters ;  Provided,  however,  that  nothing  in  this  section 
shall  be  construed  to  prohibit   said  Board  from  having  work  done  by  day 
done   by   day   labor,   or  material   purchased  under   such   rules 
and  regulations  as  said  Board  may  by  ordinance  prescribe.     And 
Provided,  that  eight  hours  shall  constitute  a  day's  work  in  all  Eight  hours 

1  r  -,        ^-  •1-I-.1-T-V  TT11    constitute 

work  dcna  for  the  City,  except  m  the  Police  Department,  Health  day's  work, 
Department,    Fire    Department    and   the    Electric    Lights    and 
Waterworks  Department,   and  that  not  less  than  two  dollars 
per  day  shall  be  paid  for  all  work  done  either  by  the  day  or 
on  contract  let  by  said  City  as  provided  for  in  this  section. 


Sec.  75.  That  no  person  shall  be  an  incompetent  j^^g^.^u^ts  by^or^ 
justice,  witness  or  juror  by  reason  of  his  being  an  inhabitant  ^*i^J°Jj^^^ 
or  freeholder  in  the  City  of  Galveston,  in  any  action  or  pro- ?s  witnesses 

-^  -^  ^  jurors  m. 

ceeding  in  which  said  city  may  ba  a  party  interested,  and  all 

officers  and  employees  of  said  city  shall  be  exempt  from  j^i"y  ^^''Ixempt 

service  while   holding  office  or  in  the  employ  of  said  city.  ier^id"'^^ 


Sec.  76.     At  the  end  of  each  fiscal  year,  if  an  amount  should  surplus  re- 
have  accrued  from  taxation,  or  revenue  received  from  dividends  count  oT£nd 

1  1  .     ,  -  r  i_  •    t,  funds,  applied 

on  Stocks  or  surplus  receipts,  or  earnings  from  any  source,  which  to  general 
are  now  or  will  be  hereafter  pledged  to  be  applied  to  the  interest  p"'^^''^^- 
and  sinking  funds  for  the  protection  of  all  classes  of  outstanding 


8o 


Sec.  77-87 


Charter  of  the  City  of  Galveston 


bonds,  or  bonds  to  be  hereafter  issued,  should  exceed  two  per 
cent  for  sinking  fund,  then  and  in  that  event  the  surplus,  if 
any,  over  and  above  said  two  per  cent  sinking  fund,  can  be 
used  for  the  purpose  of  making  general  improvements,  or  other- 
wise, as  the  Commissioners  mav  determine. 


Printed  ordi- 
nances admit- 
ted in 
evidence. 


Existing  or- 
dinances re- 
main in  force. 


Sec.  77.  The  printed  or  published  ordinances  and  other 
acts  of  the  government  of  said  city  purporting  to  have  been 
printed  or  published  under  the  authority  of  the  Board  of  Com- 
missioners or  other  municipal  government  of  said  city  shall 
be  received  as  evidence  of  the  ordinances  and  acts  therein 
contained.  Certified  copies  of  ordinances  shall  also  be  received 
in  evidence.  All  ordinances,  resolutions,  rules  and  regulations 
now  in  force  in  the  City  of  Galveston  and  not  in  conflict  with 
the  provisions  of  this  Act  shall  remain  in  force  under  this  Act 
until  altered,  amended  or  repealed  by  said  Board  after  this 
Act  takes  effect. 


Corporation 
Court — estab- 
lishment of. 


Powers  and 
jurisdiction  of. 


Officers  of 
court — ap- 
pointment of. 


Vacancies- 
how  filled. 


Sec.  78.  There  shall  be  and  is  hereby  established  in  said 
City,  *  a  Corporation  Court,  as  contemplated,  provided  and 
required  by  Chapter  XXXIII  of  the  general  laws  of  the  Twenty- 
sixth  Legislature  of  the  State  of  Texas,  passed  at  its  regular 
session  in  1899,  being  entitled  "An  Act  to  establish  and  create 
in  each  of  the  cities,  towns  and  villages  of  this  State,  a  Stat^ 
Court  to  be  known  as  the  Corporation  Court  in  such  city,  town 
or  village,  and  to  prescribe  the  jurisdiction  and  organization 
thereof,  and  to  abolish  municipal  courts."  Said  court  shall 
be  organized  as  provided  in  said  Act,  and  have,  use  and  exercise 
all  the  duties,  jurisdiction  and  practise  and  proceedings  therein 
provided  and  prescribed.  The  Board  of  Commissioners  of  said 
City  shall,  as  soon  as  practicable  after  the  passage  of  this  Act, 
appoint  the  Recorder  and  all  other  officers  of  said  court  to 
hold  office  until  the  next  ensuing  biennial  election  or  appoint- 
ment of  the  successors  of  such  Commissioners,  when,  and  bien- 
nially thereafter,  said  Board  of  Commissioners  shall  appoint 
successors  of  such  officers,  and  if  at  any  time  there  be  a  vacancy 
in  any  of  said  offices,   said  Board  of  Commissioners  shall  by 


Charter  of  the  City  of  Galveston  Sec.  78a  81 

appointment  fill  the  same   for  the  unexpired  term;    Provided, (-1;^^  ggj.j.pjj^j.y 
however,  that  said  Board  of  Commissioners  may  at  any  time  J^'ip^^'^Qf^^^- 
provide  that  the  City  Secretary  or  his  assistant,  if  any  be  created 
by   said   Board,   shall  be  ex-officio   Clerk  of  said  Court;  and 
Provided,    further,    that    said    Board    of    Commissioners    shall 
otherwise  have,  use  and  exercise  all  duties,  powers  and  authority  o?miissioners 
in  and  by  said  act  conferred  generally  on  the  Councils  or  board  asTilayor^and^ 
of  aldermen  of  cities,  towns  and  villages;  and  Provided,  further,  ^^'^®^°^®"' 
that  the  compensation  of  the  Recorder  shall  not  exceed  twelve  Recorder's 
hundred   ($1200.00)   dollars  per  annum.     Provided,  the  Board  ^^^^''y- 
of   Commissioners   may   appoint   a   Deputy   City   Attorney   to  ^^p^^y  Qj^y 
represent  the  City  and  the  State  in  all  cases  in  said  Corporation  ^preS  dty. 
Court,  and  who  shall  receive  for  his  services  the  same  fees  now 
allowed  the  County  Attorney  in  Justice  Courts  in  misdemeanor 
cases. 

Sec.  78a.     That  a  certain  a2:reement  and  contract  of  settle-  Wharf  Com- 

o  pany — agree- 

ment, adjustment  and  compromise  entered  into  by  and  t)etween  ment-jg^^^ 

the  City  of  Galveston  and  the  Galveston  Wharf  Company, 
bearing  date  the  9th  day  of  March,  1905,  be  and  the  same  is 
hereby  in  all  things  ratified,  approved  and  confirmed,  a  sub- 
stantial copy  of  which  said  agreement  and  contract  is  as  follows: 

STATE  OF  TEXAS, 
County  of  Galveston. 

Know  All  Men  by  These  Presents: 

That  to  finally  settle  the  question  of  the  apportionijient  of 
dividends  to  which  the  City  of  Galveston  is  and  shall  be  entitled 
from  the  Galveston  Wharf  Company,  and  to  finally  compromise, 
settle  and  adjust  all  matters  of  difference  and  controversy, 
and  all  pending  suits  between  said  City  of  Galveston  and  said 
Galveslcn  Wharf  Company,  the  said  City  of  Galveston,  a  body 
corporave  and  politic,  and  the  said  Galveston  Wharf  Company, 
a  corporation  duly  incorporated  under  and  by  virtue  of  the 
laws  of  the  State  of  Texas,  having  its  domicile  and  principal 
office  and  place  of  business  in  the  city  and  county  of  Galveston, 


82  Sec.  78a  Charter  of  the  City  of  Galveston 

Texas,  have  mutually  contracted  and  agreed  to  and  with  each 
.   ♦  other,  and  do  hereby  mutually  contract  and  agree  to  and  with 

each  other,  as  follows: 

Cash  to  be  1,     Said  Galvcston  Wharf  Company  shall  pay  to  said  Citv 

paid  city.  JT        ^  X     J 

of  Galveston  sixty  thousand  dollars  ($60,000)  as  follows:  Ten 
thousand  dollars  ($10,000)  each  year  for  three  consecutive 
years  and  the  balance  of  said  total  sum  of  sixty  thousand  dollars 
($60,000)  each,  in  five  annual  payments  of  six  thousand  dollars 
($6,000)  each,  the  payment  of  the  first  ten  thousand  dollars 
($10,000)  to  be  made  on  the  first  day  of  November,  1905,  and  • 
How  used.  the  remaining  payments  to  be  made  on  the  first  day  of  November 
of  each  consecutive  year  thereafter  until  the  whole  of  the  said 
sum  of  sixty  thousand  dollars  ($60,000)  shall  have  been  paid, 
the  said  sum  or  an  equivalent  amount  to  be  expended  by  said 
City  of  Galveston  for  drainage  purposes  in  said  city. 

Suit  dismissed.  2.  Said  Galvcston  Wharf  Company  shall,  as  soon  as  this 
contract  and  agreement  takes  effect,  dismiss  its  suit  against 
said  City  of  Galveston  to  recover  overpayments  of  taxes,  pend- 
ing in  the  District  Court  of  Galveston  County,  numbered  on 
the  docket  of  said  court  12,796,  involving,  in  round  numbers, 
with  interest,  about  fifty-seven  thousand  dollars  ($57,000), 
and  said  Galveston  Wharf  Company  shall  pay  all  court  costs 
of  said  suit. 

3.  Said  Galveston  Wharf  Company  shall,  as  soon  as  this 
contract  and  agreement  takes  effect,  pay  to  the  said  City  of 
Galveston    the    sum   of   two   thousand    dollars    ($2,000),     and 

— suit '^^etTied.^  s^i*^  ^^^Y  ^^  Galvcston  shall  receive  said  sum  in  full  settlement 
of  said  city's  claim  against  said  Galveston  Wharf  Comany 
for  fire  protection  involved  in  cause  No.  22,321,  now  pending 
in  the  District  Court  of  Galveston  County,  Texas,  and  said 
Galveston  Wharf  Company  shall  dismiss  its  petition  in  said 
cause,  and  said  City  of  Galveston  shall  dismiss  its  cross  action 
or  plea  in  reconvention  in  said  cause,  and  said  City  of  Galveston 

profe/tion^^^  shall  havc  the  right  to  make  a  charge  against  said  Galveston 
Wharf  Company,   from  and  after  the  dismissal  of  said  cause, 


Charter  of  the  City  of  Galveston      .  Sec.  78a  83 

for  fire  protection,  according  to  rates  to  be  fixed  by  the  Board 
of  Commissioners  of  the  City  of  Galveston  or  other  government 
of  said  city,  said  rate,  however,  not  to  exceed  forty  cents  per 
annum  per  thousand  square  feet  of  area  occupied  by  said  Gal- 
A'eston  Wharf  Company's  sheds  protected,  said  charge  for  fire 
protection,  however,  to  be  made  against  said  Galveston  Wharf 
Company  only  so  long  as  said  City  of  Galveston  makes  and 
■enforces  charges  for  fire  protection  against  other  persons  or 
corporations  for  similar  protection. 

4.  Said   Galveston    Wharf   Company    shall   admit   and   rec- pitys  "ght 
ognize  that,  by  virtue  of  the  hereinafter  mentioned  decree,  said  Company. 
City  of  Galveston  owns  an  undivided  one-third  interest  in  all 

the  property  of  said  Galveston  Wharf  Company  situated  between 
Thirty-first  street  and  Forty-first  street  north  of  Avenue  A, 
in  said  City  of  Galveston,  including  what  would  be  the  pro- 
longations of  Thirty-first  street  and  Forty-first  street,  and  all 
of  intervening  streets,  if  the  same  were  opened,  in  the  same 
manner  as  the  said  city's  one-third  interest  is  now  recognized 
and  established  in  the, property  of  said  Galveston  Wharf  Com- 
pany situated  in  said  City  of  Galveston  between  Ninth  and 
Thirty-first  streets  north  of  Avenue  A  by  the  decree  entered 
in  the  District  Court  of  Brazoria  County,  Texas,  on  the  first 
day  of  April,  1869,  in  a  suit  by  said  City  of  Galveston  against 
said  Galveston  Wharf  Company,  which  said  decree  was  duly 
ratified  and  confirmed  by  an  Act  of  the  Legislature  of  the  State 
of  Texas,  approved  June  23,  1870,  and  said  city's  one-third 
interest  in  all  of  the  said  property  of  said  Galveston  Wharf 
Company  between  Ninth  street  and  Forty-first  street  north 
of  Avenue  A,  in  said  City  of  Galveston,  shall  be  represented 
by  said  city's  sixty-two  hundred  and  twenty-two  (6,222)  shares 
of  stock  owned  by  said  city  in  said  Galveston  Wharf  Company. 

5 .  Said  City  of  Galveston  shall  have  the  right  to  open  and  city's  right  to 
construct  drains  and  sewers,  and  combination  drains  and  sewers  Sn^etc.. 
to  the  channel  of  Galveston   Bay,  through  and   across  any  of  ^^t^^  "^^^^ 
said  Wharf  Company's  property  at  such  places  between  said 


84  Sec.  78a  Charter  of  the  City  of  Galveston 

Ninth  and  Forty-first  streets  as  may  be  necessary,  and  the 
right  of  way  and  permission  for  that  purpose  is  hereby  granted 
by  said  Galveston  Wharf  Company  to  said  City  of  Galveston, 
and  said  Galveston  Wharf  Company  hereby  releases  any  ckim 
for  compensation  or  damages  against  said  city  for  the  taking, 
use,  construction  and  continuous  maintenance  of  such  drains, 
sewers  and  combination  drains  and  sewers,  and  all  such  drains, 
sewers  and  combination  drains  and  sewers  so  opened  and  con- 
structed shall  extend  to  the  channel  of  Galveston  Bay ;  Provided, 
however,  that  if  said  city  desires  to  construct  any  such  drain 
(not  a  sewer  nor  combination  drain  and  sewer)  so  as  to  empty 
into  slip  instead  of  the  channel  of  the  bay,  said  city  shall  first 
obtain  written  consent  from  said  Galveston  Wharf  Company 
so  to  do,  and  if  such  consent  is  refused  by  said  Galveston  Wharf 
Company,  nothing  in  this  contract  shall  be  construed  to  prevent 
said  city  from  exercising  any  right  of  eminent  domain  it  may 
have  or  acquire;  and  said  city  shall  open  and  construct,  at  its 
own  expense,  all  such  drains,  sewers  and  combination  drains 
and  sewers,  through  or  across  said  Galveston  Wharf  Company, s 
property,  and  the  location  of  all  such  drains,  sewers  and  com- 
bination drains  and  sewers  shall  be  agreed  upon  between  the 
City  Engineer  of  said  city  and  the  superintendent  of  said  Wharf 
Company,  and  in  case  they  can  not  agree  upon  such  location 
they  shall  select  a  third  person,  and  the  majority  of  the  three 
shall  select  a  location,  but  this  agreement  shall  not  be  con- 
strued to  impair  said  city's  right  of  eminent  domain.  Said 
Galveston  Wharf  Company  shall  not  be  held  liable  for  and  is 
hereby  released  from  liability  for  any  damage  or  injury  that 
may  be  done  to  said  drains  or  sewers  or  combination  drains 
and  sewers  by  the  construction  of  said  Galveston  Wharf  Com- 
pany of  iinprovements  upon  its  property  or  the  operation  or 
use  of  its  Scid  property  for  its  ordinary  business;  provided,  that 
if  said  Wharf  Company  shall  construct  any  building,  shed  or 
permanent  siructure  upon  its  said  property  any  damage  to  any 
such  drains  or  sewers  or  combination  drains  and  sewers  caused 
by  said  cons; ruction  shall  be  promptly  repaired  by  said  Wharf 
Company  at  its  own  expense,  or  said  drains  or  sewers  or  com- 


Charter  of  the  City  of  Galveston  Sec.  78a  8$ 

bination  drains  and  sewers  shall  be,  at  the  expense  of  said 
Wharf  Company,  promptly  adjusted  or  arranged  so  as  not  to 
impair  the  efficiency  thereof;  and  provided  that  said  city  shall, 
at  its  own  expense,  promptly,  and  to  the  satisfaction  of  said 
Wharf  Company,  restore  any  and  all  property  of  said  Wharf 
Company  in  any  manner  disarranged,  disturbed  or  injured 
by  or  as  the  result  of  the  construction  by  said  city  of  any  such 
■drains  or  sewers  or  combination  drains  and  sewers  through 
or  across  said  Wharf  Company's  property,  to  the  same  or  as 
good  condition  as  said  property  was  in  before  such  disarrange- 
ment, disturbance  or  injury. 

6.  Said  Galveston  Wharf  Company  shall  be  and  hereby  is  wharf 
released  from  any  obligation  to  open  any  drains  at  its  own  ^i^^U^ro,^ 
expense  and  cost  through  or  across  any  of  its  said  property  coSSfuc tin? 
between  said  Ninth  and  Forty-first  streets  in  said  City  of  Gal- *^'"^"^''' 
veston,  and  said  Wharf  Company  shall  have  and  is  hereby 
granted  the  right  and  privilege,  subject  to  the  supervision  of 
the  city  engineer  of  said  city,  to  connect  without  charge  any 
•drains  of  its  own  with  the  drains  or  sewers  or  combination 
drains  and  sewers  that  may  be  constructed  and  maintained 
by  said  city  through  or  across  said  Wharf  Company's  property; 
and  said  one-third  of  said  Wharf  Company's  entire  property 
owned  by  said  City  of  Galveston  as  aforesaid  shall  be  exempt 
from  taxation,  and  said  city  shall  be  entitled  to  and  shall  receive 
dividends  from  said  Galveston  Wharf  Company  in  the  same 
manner  in  which  such  dividends  have  heretofore  been  paid; 
that  is,  said  city  shall  be  entitled  to  and  shall  receive  upon 
•each  of  its  sixty-two  hundred  and  twenty-two  (6,222)  shares 
•of  stock  the  same  amount  of  dividends  as  shall  be  paid  by  said 
Galveston  Wharf  Company  on  any  other  share  of  capital  stock 
•of  said  Wharf  Company,  all  fixed  charges  and  legitimate  expenses 
of  operating,  maintaining,  repairing  and  improving  the  entire 
property  in  the  same  manner  as  heretofore,  including  all  taxes, 
interest  and  sinking  funds  that  m.ay  be  due  or  become  due  by 
said  Wharf  Company,  to  be  first  deducted  before  the  payment 
of  any   dividends,   all  previous  assessments   and  payments  of 


86  Sec.  78a  Charter  of  the  City  of  Galveston 

taxes,  interest,  sinking  funds  and  dividends  being  hereby  admit- 
ted by  said  city  to  be  correct ;  and  said  Galveston  Wharf  Company 
shall  hold  the  title,  subject  to  said  city's  one-third  interest 
therein,' to  said  entire  property  included  in  the  territory  north 
of  Avenue  A  and  between  said  Ninth  and  Forty-first  streets, 
in  the  City  of  Galveston,  including  what  would  be  the  pro- 
longations of  all  streets  if  opened  through  said  property;  and 
the  control  and  management  of  the  whole  of  said  Wharf  Com- 
pany's property,  including  said  city's  one-third  interest  therein 
to  remain  in  said  Wharf  Company  in  the  same  manner  as  fixed 
by  the  before-mentioned  decree  of  the  District  Court  of  Bra- 
zoria County,  Texas,  and  said  decree  and  all  the  terms  and 
provisions  thereof  shall  remain  in  full  force  and  undisturbed 
except  in  so  far  as  the  same  may  be  changed  by  this  contract 
and  agreement. 

Le*-?iatu?e"  ^^  ''•  '^^^^  Contract  and  agreement  shall  take  effect  and  become 
binding  upon  the  respective  parties  hereto  when  the  same 
shall  have  been  confirmed  and  ratified  by  an  Act  of  the  Legis- 
lature of  the  State  of  Texas,  and  when  such  Act  shall  have 
taken  effect,  and  not  before. 

In  Testimony  Whereof,  said  City  of  Galveston  has  caused 
these  presents  to  be  executed  for  it  and  on  its  behalf  by  the 
Mayor-President,  and  attested  by  the  Secretary  of  the  Board 
of  Commissioners  of  said  City  of  Galveston,  and  the  corporate 
seal  of  the  city  hereto  affixed  in  accordance  with  and  by  virtue 
of  a  resolution  of  the  Board  of  Commissioners  of  said  City  of 
Galveston,  adopted  at  the  meeting  of  said  Board  of  Commis- 
sioners held  in  the  City  of  Galveston,  Texas,  on  the  ninth  day 
of  March,  A.  D.,  1905,  a  certified  copy  which  is  hereto  attached 
and  marked  for  identification  "Exhibit  A,"  and  made  a  part 
hereof;  and  said  Galveston  Wharf  Company  has  caused  these 
presents  to  be  executed  for  it  and  on  its  behalf  by  its  president 
and  attested  by  its  secretary,  and  the  corporate  seal  of  said 
Galveston  Wharf  Company  hereto  affixed,  in  accordance  with 
and  by  virtue  of  a  resolution  of  the  board  of  directors  of  said 
Galveston   Wharf  Company,   adopted   at  the   meeting  of  said 


Charter  of  the  City  of  Galveston  Sec.  78a  87 

board  of  directors  held  at  the  office  of  said  Galveston  Wharf 
Company  in  the  City  of  Galveston,  Texas,  on  the  ninth  day 
of  March,  A.  D.  1905,  a  certified  copy  of  which  resolution  is 
hereto  attached  and  marked  for  identification  "Exhibit  B," 
and  made  a  part  hereof. 

Executed   in   duplicate   at    Galveston,    Texas,    on   the   ninth 
day  of  March,  A.  D.,  1905. 

(Corporate   Seal   of  CITY   OF   GALVESTON, 

City     of     Galveston.)  By     Wm.     T.     Austin 

Mayor-President   of  the  Board   of  Commissioners  of  the   City 
of  Galveston. 

Attest:  John  D.   Kelley,  Secretary  of  the  Board  of  Commis- 
sioners of  the  City  of  Galveston. 

(Corporate    Seal   of  GALVESTON    WHARF    CO., 

Galveston    Wharf    Co.)  By    John     Sealy, 

President    of    said    Galveston    Wharf   Co. 

Attest:   John   E.    Baily,    Secretary  of    said    Galveston  Wharf 
Company. 


EXHIBIT  "A". 

Be  it  resolved  by  the  Board  of  Commissioners  of  the  City  Resolution  of 
of  Galveston,  That  said  city  do  make  and  enter  into  the  pro- §J^,^gfioners. 
posed  contract  with  the  Galveston  Wharf  Company  for  the 
final  settlement  of  the  question  of  the  apportionment  of  dividends 
to  which  said  City  of  Galveston  is  and  shall  be  entitled  from 
said  Galveston  Wharf  Company,  and  for  the  final  compromise 
settlement  and  adjustment  of  all  matters  of  difference  between 
said  City  of  Galveston  and  the  Galveston  Wharf  Company, 
which  said  proposed  contract,  bearing  date  the  ninth  day  of 
March,  1905,  is  hereto  attached,  and  that  the  Mayor-President 
of  said  Board  of  Commissioners  of  the  City  of  Galveston  be, 
and  he  is  hereby  empowered,  authorized  and  directed  to  execute 
and  sign  said  contract  on  behalf  of  the  City  of  Galveston,  and 


88  Sec.  78a  Charter  of  the  City  of  Galveston 

the  Secretary  of  said  Board  of  Commissioners  of  the  City  of 
Galveston  be,  and  he  is  hereby  authorized,  empowered  and 
directed  to  attest  said  contract,  and  affix  thereto  the  corporate 
seal  of  said     City  of  Galveston. 


STATE  OF  TEXAS, 
City  and  County  of  Galvesto 


J 


We,  Wm.  T.  Austin,  Mayor-President  of  the  Board  of  Com- 
missioners of  the  City  of  Galveston,  and  Jno.  D.  Kelley,  Secre- 
tary of  said  Board  of  Commissioners,  do  hereby  certify  that 
the  foregoing  is  a  true  and  correct  copy  of  a  resolution  unani- 
rnously  adopted  by  the  Board  of  Commissioners  of  the  City  of 
Galveston  at  the  meeting  of  said  Board  held  at  the  city  hall 
in  the  City  of  Galveston,  Texas,  on  the  ninth  day  of  March,  1905, 
as  said  resolution  appears  of  record  in  the  minutes  of  said  meet- 
ing of  said  Board  of  Commissioners  of  the  City  of  Galveston. 

Witness  our  official  signatures  and  the  corporate  seal  of  said 
City  of  Galveston  hereto  affixed  at  said  City  of  Galveston,  this 
the  ninth  day  of  March,    1905. 

Wm.  T.  Austin, 
Mayor-President   of  the   Board   of   Commissioners   of  the   City 

of  Galveston. 
(Corporate    Seal   of   City   of   Galveston.) 

Jno.  D.  Kelley, 
Secretary  of  the  Board  of  Commissioners  of  the  City  of  Gal- 
veston. 


EXHIBIT  /*B.'' 

Resolution  of  Be  It  rcsolved  by  the  Board  of  Directors  of  the  Galveston 
pany'^direcTo'rs.  Wharf  Company,  That  said  Galveston  Wharf  Company  do 
make  and  enter  into  the  proposed  contract  with  the  City  of 
Galveston  for  the  final  settlement  of  the  question  of  the  appor- 
tionment of  dividends  to  which  said  City  of  Galveston  is  and 
shall   be   entitled   from   said   Galveston   Wharf   Company,   and 


Charter  of  the  City  of  Galveston  Sec.  79  89 

for  the  final  compromise,  settlement  and  adjustment  of  all 
matters  of  difference  and  controversy,  and  all  pending  suits 
between  said  City  of  Galveston  and  said  Galveston  Wharf 
Company,  which  said  proposed  contract,  bearing  date  of  the 
ninth  day  of  March,  1905,  is  hereto  attached,  and  that  the 
president  of  said  Galveston  Wharf  Company  be,  and  he  is 
hereby  empowered,  authorized  and  directed  to  execute  and 
sign  said  contract  on  behalf  of  said  Galveston  Wharf  Company 
and  the  secretary  of  said  Galveston  Wharf  Company  be,  and 
he  is  hereby  authorized,  empowered  and  directed  to  attest 
said  contract  and  affix  thereto  the  corporate  seal  of  said  Gal- 
veston Wharf  Company. 

STATE  OF  TEXAS,  ) 

City  and  County  of  Galveston.  J 

W>,  Jno.  Sealy,  president  of  the  Galveston  Wharf  Company, 
and  Jno.  E.  Baily,  secretary  of  said  Galveston  Wharf  Company, 
do  hereby  certify  that  the  foregoing  is  a  true  and  correct  copy 
of  a  resolution  adopted  by  the  board  of  directors  of  said  Gal- 
veston Wharf  Company  at  the  meeting  of  said  board  of  directors 
held  at  the  office  of  said  Galveston  Wharf  Company  in  the 
City  of  Galveston,  Texas,  on  the  ninth  day  of  March,  1905, 
as  said  resolution  appears  on  record  in  the  minutes  of  said 
meeting  of  said  board  of  directors. 

Witness  our  official  signatures  and  corporate  seal  of  said 
Galveston  Wharf  Company  hereto  affixed  at  said  City  of  Gal- 
veston, Texas,  this  the  ninth  day  of  March,  1905. 

Jno.  Sealy 
President  of  the  Galveston  Wharf  Co. 
(Corporate   Seal   of   Galveston   Wharf  Co.) 

Jno.  E.  Baily, 

•    Secretary  of  the  Galveston  Wharf  Co. 
*     "  *         *         *         *         * 

Sec.    79.     (93.)     That   an   Act   entitled   "An   Act   to   incor- Act  of  isze, 
porate  the  City  of  Galveston  and  grant  it  a  new  charter,"  passed^**'"  ^^^^^^^  ' 
on  the  2d  day  of  August,   1876,  and  all  other  acts  relative  to 
the  incorporation  of  the  City  of  Galveston,  as  well  as  all  amend- 


90 


Sec.  8C.-82 


Charter  of  the  City  of  Galveston 


Rate  of  tax  on 
refunding 
bonds  fixed. 


Obligations, 
etc.,  of  city 
not  impaired. 


Repeal  does  Hients  to  the  Charter  of  said  city,  be  and  the  same  are  hereby 
drnan?ls*e^tc"..  repealed,  excepting,  however,  all  legal  ordinances,  resolutions 
of  city  council.  Q^  acts  heretofore  passed  by  the  City  Council  of  Galveston 
and  any  provisions  of  said  Charter  of  1876,  and  amendments 
and  acts  relating  thereto  providing  for  the  issuance  and  pay- 
ment of  either  principal  or  interest  of  outstanding  legal  unpaid 
bonds  of  the  City  of  Galveston ;  Provided,  that  the  rate  of  taxa- 
tion hereafter  fixed  in  any  ordinance  providing  for  the  issuance 
of  refunding  bonds  shall  not  exceed  the  rate  levied  in  the  ordi- 
nance under  which  the  bonds  to  be  refunded  were  issued; 
Provided,  further,  that  nothing  in  this  Act  shall  be  taken  or 
construed  to  impair  the  obligations  of  outstanding  legal  con- 
tracts  of  the   City   of   Galveston. 

All  courts  Sec.   80.     (94.)     This  act  shall  be  taken  and  held  to  be  a 

etc.,  to  take  ,  ^ 

cognizance  of  public  law  and  all  courts  and  tribunals  shall  take  judicial  cog- 

LlilS   3>Ct>* 

nizance  and  knowledge  of  the  contents  and  provisions  hereof, 
and  it  shall  not  be  necessary  to  plead  or  prove  such  contents  or 
provisions. 

Sec.  81.  (Section  3  of  bill.)  That  all  laws  and  parts  of 
laws  in  conflict  with  this  Act  be  and  the  same  are  hereby  repealed. 

Sec.  82.  (Section  4  of  bill.)  That  the  fact  that  there  is 
no  Corporation  Court  in  said  City  of  Galveston,  and  the  admin- 
istration of  the  law  therein  is  in  consequence  greatly  hindered, 
and  that  the  other  changes  hereby  made  in  the  Charter  of 
said  city  are  urgently  needed  for  the  better  administration  of 
its  affairs,  creates  an  emergency  and  an  imperative  public 
necessity  requiring  that  the  constitutional  rule  that  bills  shall 
be  read  on  three  several  days  be  suspended,  and  that  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its  passage,  and 
it  is  therefore  so  enacted. 

(Note. — The  enrolled  bill  shows  that  the  foregoing  Act  passed 
the  House  of  Representatives  by  a  two-thirds  vote — ayes  110. 
nays  0;  and  passed  the  Senate  on  March  19,  1903,  by  a  two-thirds 
vote — ayes  26,  nays  0.) 

Approved  March  30,   1903. 

Takes  effect  immediately  on  passage. 


Repealing 
clause. 


Emergency 
clause. 


INDEX  TO  CHARTER 


Acting  President —  Section. 

Appointment  of 15 

Powers,  duties  and  compensation. 15 

Accounts  and  Claims — 

Auditing  and  approval  of 13,  44 

Auditor,  duties  as  to 19e 

Alta  Loma  Water  Works — 

Engineers,  salary  of 24r 

Anchors,  Sails  and  Yards — 

Use  and  disposition  of  regulated 46- 

Animals,  Fowls,  Etc. — • 

At  large,  regulation  of 34e,  34aa,  34bb- 

Abuse  of 34f 

Driving  in  streets 34e,  34aa 

Appeal  Bond — 

City  not  required  to  give 28 

Appropriations — 

Budget  allowances  not  changed  except 44 

Deficiency  in,  pro  rata  abatement 44 

Excess  of  Budget  punished 44 

Excess  of  Budget  goes  to  general  fund 44r 

Estimates  by  heads  of  departments 44 

Salaries  changed,  when 44 

Assembly,  Affray,  Disorderly — 

Suppressed 34e& 


ii  Index  to  Charter 

Assessor  and  Collector  (See  Taxes  and  Taxation) —  Sec  ' 

Appointment 19 

Bond  and  salary 19c 

Bankrupts  and  insolvents,  duties  as  to 58 

Demand  on  taxpayers  not  necessary 59 

Deposits  with  Treasurer 19b,  19c 

Duties  and  powers,  general 19c 

Duties  in  certain  cases 54,  55,  58 

Equalization,  Board  of,  duties 19c 

Poll  tax,  shall  collect 54 

School  taxes,  collection  of 19c,  64 

Seizure  and  sale  for  taxes 58 

Supplemental  roll,  shall  make 19c 

Assets — 

Collection  of 44 

Moneys,  taxes  and  property  of  city  exempt  from  seizure.  ...  49,  50 

Attorney,  City — 

Appointment 19 

Bond  and  duties 19d 

Meetings  of  Board,  shall  attend 26 

Salary  and  commissions 19d 

Attorney,  Deputy  City — 

Appointment  of .  . 78 

Attorney,  District —     ' 

Breach  of  duty,  shall  prosecute  for ,31 

Auditor — 

Appointment  of 19 

Bond 19e 

Duties 19e 

Financial  statements,  certify  to 73 

Meetings  of  Board,  shall  attend 26 

Receipts,  duplicates  from  Treasurer 19b 

Salary. , 19e 

Auditing  Accounts — (See  Accounts  and  Claims) — 

-Banks  of  Deposit — 

Bond,  contract,  duties  of 19b 

How  selected 19b 


Index  to  Charter  iii 

Bankrupt  Stocks — (See  Taxes  and  Taxation) —  Sec. 

Dealers  in? 39 

Licensing,  regulating,  suppressing 39 

Seizure  and  sale  for  taxes 58 

Taxes  against,  how  collected 58 

Taxes  against,  prior  lien  on 58 

Bathing  and  Swimming — 

Regulation  of 40 

Bath  Houses — 

Construction  and  regulation  of 40 

Bath  Houses,  Pavilions,  Etc.,  and  Approaches  to — 

Construction  and  regulation  of 40 

Police  powers  over 40 

Beach  and  Shores — 

Buildings  unauthorized,  removal  of 35 

Beggars— ^(See  Mendicants  and  Beggars) — 
Bids  for  Contracts — (See  Contracts) — 

Birds,  Fowls,  Etc. — 

At  large,  prohibited,  regulated 34aa,  34bb 

Births — 

Records  to  be  kept 34cc 

Breach  of  Duty  or  Trust — 

City  officers  punished  for . 31,  44,  67p 

Board  of  Commissioners,  Powers,  Duties,  Etc. — 

Acting  President  of 15 

Acts  of  old  Board  validated 22 

Alleys,  iraprovements  of,  etc 34b 

Animals,  fowls,  etc.,  at  large 34aa,  34bb,  34e 

Animals,  fowls,  etc.,  abuse  of . 34f 

Animals,  standing  and  driving  in  streets 34e,  34aa 

Auditing  claims 13 


iv  Index  to  Charter 

Board  of  Commissioners — Continued.  Sec. 

Assembly,  disorderly ' 34ee 

Appropriations  of  revenue 44 

Bath  houses,  pavilions,  construction  and  regulation  of 40 

Bathing  and  swimming 40 

Beach  and  shores,  powers  over 40 

Beggars,  regulating 34g 

Births,  record  of  to  be  kept 34cc 

Board  of  Engineers,  appointment  of 68 

Boats,  position  of  regulated,  penalties 46 

Bonds  and  oaths  of  Commissioners 8 

Bonds,  refunding,  issuance,  taxes  for,  etc 67 

Bonds  for  duplicate  main 71a 

Bonds,  special  tax  levy  for 67  to  67m,  71a,  7lb,  71c,   71e 

Bonds,  filling  and  grading ; 69,  71c 

Bonds  for  construction,  etc.,  of  public  free  schools 71b 

Bonds  for  causeway 71e 

Bonds  to  be  voted  on 7  le 

Bonds  of  all  officers,  Board  shall  fix 21 

Breach  of  duty,  power  as  to 31 

Budget,  estimates  for,  shall  not  exceed 44 

Buildings,  regulating  construction  of 34i 

Buildings,  unauthorized,  removal  of 35 

Buildings,  dangerous,  removal  of,  etc 34i 

Buildings,  public 34v 

Burial  of  dead 34cc 

Butchers,  regulated 34u 

Carcasses,  removal  of 36 

Cemeteries ^     34cc 

Channel,  dredging,  changing,  protection  of 37 

Charter  officers,  power  to  remove 32 

Charges,  trial,  judgment,  etc 32 

Chimneys,  flues,  etc.,  regulating 34i 

Circuses,  shows,  etc.,  licensed,  regulated '. 34gg 

Claims,  auditing  of 13 

Cock  fighting  prohibited 34ff 

Compensation  of  officers,  shall  fix 21 

Compromise  of  taxes 63 

Concealed  weapons 34y 

Contempt,  may  punish 12a 

Contracts,  advertising,  letting,  etc 74 

Contagious  diseases 34j 

Corporate  powers,  duties,  etc 1 

Corporation  Court,  powers  as  to 78 


Index  to  Charter                  ^  v 

Board  of  Commissioners — Continued.  Sec. 

Cows,  limited  number 34k 

Dead  carcasses,  removal  of,  etc 36 

Deadly  weapons  prohibited 34y 

Deaths,  burials,  etc.,  regulated,  record  of  kept. 34cc 

Deficiency  in  revenue,  pro  rata  abatement 44 

Diseases,  contagious 34j 

Discussion,  privilege  by  officers 26 

Digging  in  streets 34b 

Directors  in  corporations 6 

Disorderly  houses '   34k 

Disorderly  persons , 34g 

Disorderly  assembly 34ee 

Disorderly  conduct ^ 34ee 

Dogs,  regulating,  licensing,  etc 34bb 

Dog  fighting,  prohibited 34ff 

Donations,  may  accept  for  city 34w 

Donation,  State,  how  expended 70 

Duplicate  main,  bonds  for 71a 

Duties  of  officers,  shall  prescribe 21 

Election  of  Commissioners 5 

Election  for  bonds  for  duplicate  main  or  grade  raising 71a 

Employees,  appointment,  discharge  of,  etc 29 

Engineers,  Board  of,  appointed 68 

Exemptions  from  taxes 53 

Exemptions  of  public  property  and  funds  from  seizure 49 

Exemptions  from  Jury  service,  etc 75 

Fences,  partition 34i 

Fighting,  abusive  language,  prohibited 34ee 

Filthy  foods,  prohibited 34u 

Fines,  penalties,  etc 34dd 

Financial  statements,  publication  of,  etc '.  .  13 

Fire  Department,  shall  establish 20 

Fire  limits,  may  establish 34j 

Fire  arms,  carrying  of  prohibited 34y 

Fire  works,  regulated 34o 

Fishing  piers  on  beach,  construction  and  regulation  of 40 

Flues,  chimneys,  etc.,  regulated 34i 

Fowls,  fish,  fresh  meats,  etc.,  inspection  of,  etc 34u 

Fowls,  birds,  animals,  etc.,  at  large 34aa,  34bb 

Franchises,  granting  of 45 

Funds,  special,  regulation  as  to 34x,  67i,  67p 

Gas  pipes,  regulate 34b 

Gaming  houses,  suppressed 34k 

Grade  raising,  bonds,  issue  of 69,  71a 


vi  Index  to  Charter 

Board  of  Commissioners — Continued.  Sec. 

Grade  of  city,  established,  regulated,  cost  of 34c 

Grounds,  public,  may  improve,  regulate,  etc 34b 

Gun  powder,  storing  of  regulated,  etc 34n 

Harbor,  preservation  of,  improper  use  of,  etc 37,  46 

Harbor  Master,  appointment 19h,  46 

Hawkers,  licensing,  regulating,  etc 39 

Hide  houses,  regulated,  etc 34k 

Horses  left  standing,  running  at  large,  abuse  of,  etc 

34e,  34f,  34aa,  34bb 

Hospitals,  regulated,  control  of 34d 

Houses,  disorderly 34k 

Imprisonment,  when  assessed 34dd 

Jurisdiction  and  powers  ot  Board 6,12 

Labor  on  streets  and  public  works,  etc.,  assessed  as  pun- 
ishment    34dd 

Licenses,  assignment  of,  regulated 34z 

Lien  of  tenant  for  sewer  improvement 34s 

Library,  free  public,  establishment  of 43 

Lighting  streets ' 34b 

Loans,  may  make 44 

Locomotive  engines,  may  regulate,  etc 34p 

Markets  and  market  houses 34u 

Marriage  registration 34cc 

Meats,  fish,  etc.,  inspection  of 34u 

Meetings  of  Board 16 

Milk,  inspection  of . 34u 

Misdemeanors,  arrest,  prosecute,  etc 34h,  34ee 

Mendicants,  beggars,  etc.,  suppress 34g 

Newspapers,  public  printing 42 

Noises,  suppressing,  etc 34o,  34ee 

Nuisances,  sanitation 34k,  34t,  35 

Occupation  tax,  levy  of 62 

Obstruction  of  streets,  removal  of 34b 

Offices,  power  to  create 8 

Offices,  may  create,  discontinue,  fix  and  reduce  salaries.  ...  29 

Officers,  appointment  and  removal  of 8,  29,  32 

Officers,  substitutes  for  appointed  when 30 

Officers  must  be  qualified  voters 29 

Oil  and  gas,  storage  of  regulated 34n 

Old  Board  and  officers  continued  until 22 

Ordinances  and  laws,  power  to  make 17 

Paupers,  prohibit  introduction  of 34j 

Pavilions  on  beach,  construction  and  regulation  of 40 


Index  to  Charter  vii 

Board  of  CoiMMissioNERS — Continued.  Sec. 

Pawnbrokers,  license  and  regulate 39 

Peddlers,  license  and  regulate 39 

Pensions  for  firemen  and  policemen 34:hh 

Plumbers  and  plumbing,  regulation  of 34m 

Police  department,  shall  establish 20 

Pounds,  public,  may  establish 34aa 

Powers  and  jurisdiction  of  Board 6, 12 

President  of  Board,  election,  tenure  of  office,  etc 5- 

Prisoners  may  be  worked  on  streets,  etc. 34dd 

Prize  fighting  suppressed 34ff 

Prostitutes  suppressed 34g 

Public  parks,  grounds,  etc.,  regulations  as  to 34b 

Qualifications  of  Commissioners 5 

Quarantine,  may  establish  and  regulate 34a 

Quorum 16 

Railroads,  tracks  and  crossings,  speed,  etc.,  regulated 34p 

Railroad  tracks,  removal  and  change  of 41 

Removal  of  Commissioners 9 

Resignation  of  Mayor  or  Commissioners 10 

Restaurants  on  beach,  construction  and  regulation  of 40 

Riots  and  disturbances,  suppression  of 34ee 

Salaries,  fixed  and  changed,  when 29,  44 

Salaries  of  Commissioners. 7 

Saloons,  regulate  location  of,  etc 34 

Sanitation,  provisions  concerning 34a,  36 

School  tax  levied 65 

Sewers,  lien  of  tenant 34a 

Sewerage  connections,  rates,  etc. 34r,  34s 

Shows,  theatres,  circuses,  etc.,  regulated.  .  .' 34gg 

Sidewalks,  cleaning,  etc 341 

Sidewalks,  regulating  use  and  improvement  of 34b 

Slaughter  houses 34k 

Special  funds 34x 

Special  tax  levy  for  bonds 67b  to  67m,  71a,  71b,  71c,  71e 

Streets,  regulating  use  and  improvement  of 34b 

Streets,  use  of  by  horses,  vehicles,  etc 34o 

Streets,  railroads  assessed  for  improvement 66 

Streets,  alleys,  etc.,  sewers,  drains  and  lighting  of 34b 

Streets,  opening  and  closing  of 34b 

Streets,  opening  of,  condemnation  for 35 

Streets,  additional  burdens  on 48 

Street  cars,  regulation  relating  to 34q,  66 


viii  Index  to  Charter 

Board  of  Commissioners — Continued.  Sue. 

Street  railroads,  assessment  for  taxes 66 

.     Style  of  Board 7 

Tax  levy  for  grade  raising  bonds 70,  7 la 

Tax  levy  for  duplicate  main  bonds 71a 

Tax  levy  for  refunding  bonds 67b  to  67m 

Tax  levy  for  general  purposes '54 

Tax  levy  for  school  purposes 65 

Terms  of  office,  of  Commissioners \ 5 

Theatres,  shows,  etc ^^ZK 

Tramps,  regulating,  suppressing 34g 

Trash,  in  streets,  etc 341 

Transient  vendors,  peddlers,  etc 39 

Vacancies,  how  filled 10 

Vehicles,  driving  and  use  of  streets  by 34e 

Vessels,  regulating,  placing,  speed  of,  etc 46 

Walls,  party,  construction,  etc.,  regulated 34i 

Waterworks,  sewers,  etc.,  construction  of 34r 

Water  rates,  regulations  as  to 34r 

Water  closets,  sinks  and  sewer  connections 34s 

Weapons,  concealed,  prohibited 34y 

Wharf  dividends  for  grade  raising  bonds 71 

Wharves,  construction  of,  regulations  as  to. 2)1 

Witnesses,  compel  attendance  of 12a 

Yards,  cleaning  of 34i 


Board  Meetings — 

Officers,  certain  to  attend 26 

Officers,  privilege  of  discussion  at 26 

Quorum,  what  constitutes 16 

Regular  meetings,  when  held 16 

Special  meetings,  called  how 16 

Board  of  Equalization — 

Board  of  City  Commissioners  to  sit  as 19c 

Duties,  powers  and  length  of  session  of 19c 

Board  of  Engineers — 

Appointment  of 68 

Compensation  of 68 

Grade  established  by 68 


Index  to  Charter                  '  ix 

Boats  and  Vessels —  Sec. 

Position,  speed,  etc.,  of  regulated 46 

Bonds — 

Causeway,  aid  in  constructing 71e 

Duplicate  main,  issuance  of : 71a 

Grade  raising,  issuance  of  regulations 69,  7 la 

Grading,  raising,  etc 71c 

Interest,  rate  of 69,  71a 

Proceeds  of,  how  used 69,  71a 

Tax  levy  for 70,  71a 

Taxes  for  special  trust  fund :  72 

Territory  to  be  filled  with 69,  7 la 

Wharf  dividends  used  for 71 

Refunding  bonds,  issuance  of 67 

Refunding  bonds,  cancellation  and  redemption  of 67ni 

Refunding  bonds,  coupons  surrendered  with 67m 

Refunding  bonds,  interest  rate  of 67 

Refunding  bonds,  publication  of  act 67j 

Refunding  bonds,  repealing  act  does  not  affect 79 

Refunding  bonds,  redemption  and  refunding  of 67k 

Refunding  bonds,  signed  how 67i 

Refunding  bonds,  special  fund,  interest  and  sinking  fund  . .  67i 

Refunding  bonds,  special  taxes  for 67b  to  67m 

Refunding  bonds,  sinking  funds 67i  to   67m 

Refunding  bonds,  surplus  funds  of,  used  how 76 

Refunding  bonds,  taxes  and  funds  of  released  and  how.  ...  671 

Refunding  bonds,  tax  levies  for 67b  to  67m 

Refunding  bonds,  tax  levies  for  limited 67o 

Schools,  public  free,  issuance  of 71b 

Bond  Registry — 

Kept  and  regulated 67i  to  67n 

Bonds  for  Appeal— 

City  not  required  to  give 28 

Bonds,  Notes  and  Scrip — 

Issuance  of  regulated SO 

Bonds,  Official — 

Board  shall  fix  for  all  officers 21 

Form  and  sureties 27 

New  bonds  required  when 21 


X  Index  to  Charter 

Borrowing  Money —  Sec. 

Amount  limited 44 

Regulated 44 

Taxes  pledged  as  security  for 44 

Breakwaters — 

Condemnation  of  land  for 48 

Right  of  way  for,  attained  how 48 

.  Streets  and  public  grounds  used  for 48 

Seawall,  construction  of 48 


Budget- 


Board  shall  make 44 

Accounts,  auditing  of 44 

Allowances  in  not  changed  except 44 

Appropriations  in  excess  of  punished 44 

Assets,  collection  of 44 

Deficiency  in  revenue  pro  rata  abatement • 44 

Estimates  for  by  department  heads 44 

Excess  appropriations  prohibited 44 

Fiscal  year 44 

Heads  of  departments,  estimates  by 44 

Liabilities,  payment  of ' 44 

Loans,  Board  may  make 44 

Reserve  fund,  how  disposed  of 44 

Revenues,  collection  of , 44 

Salaries  changed,  how 44 

Buildings — 

Construction  of  regulated 34i 

Construction  of  on  beach 40 

Public  buildings,  erection  and  repair  of 34v 

Removal  and  repair  of  unsanitary  or  dangerous 34i 

Removal  of  buildings  from  streets,  waters  and  shores 35 

Unsanitary  or  dangerous  condemned 34t 

Burials — 

Record  of  to  be  kept 34cc 

Carcasses,  Dead — 

Removal  of Z6 

Causeway — Bond  issue  for 7  le 


Index  to  Charter  xi 

•Cemetery  and  Cemeteries —  Sec. 

Establish,  maintain,  regulate 34cc 

Sexton,  appointment  of 19 

Channel — 

Dredging,  cleaning,  protection  of 37 

Charges — (See  fares,  rates  and  charges) — 
Charter  Officers — (See  officers) — 

Removal  of . 32 

Charter,  City — 

Enacting  clause 1 

Emergency  clause 82 

Public  law : 80 

Repealing  clause 79,81 

-Chief  of  Fire  Department — (See  police  and  fire  department) — 

Appointment  of 19 

Assistant  chief,  appointment  of 19 

Board  meetings,  shall  attend 26 

Charges  against,  trial  of 20 

Discussion,  privilege  of  at  meetings 26 

Duties  and  powers  of 20 

Salary  of 20 

Chief  of  Police — (See  police  department) — 

Appointment  of 19 

Assistant  chief,  appointment,  salary,  etc 19,  20 

Bail,  may  take : 20 

Bar  rooms,  theatres,  etc.,  may  close 20 

Board  meetings,  shall  attend 26 

Charges  against,  trial  of 20 

Discussion,  privilege  of  at  Board  meetings 26 

Duties,  general,  and  powers 20 

Process,  shall  execute 20 

Salary  and  bond 20 

Suspensions,  may  make,  report  same 20 

Circuses,  Shows,  Theatres,  Etc. — 

Regulation  of ^^?,Z 


# 


xii    ,  Index  to  Charter 

City  Attorney — (See  attorney,  city) — ■  Sec. 

Citizens — 

Not  disqualified  as  witnesses  or  jurors 7  5 

City  Commissioners — (See  commissioners,  city) — - 

City  Funds  and  Property — - 

Exempt  from  seizure  for  debt 4Q 

Exempt  from  garnishment 50 

City  of  Galveston — (See  exemptions) — 

Damages,  exempt  from 47 

Enacting  clause 1 

Powers,  duties,  obligations 1 

City  Limits — 

Defined 2' 

City  Property — (See  city  funds) — 

Enumeration  of .- 4 

City  Secretary — 

Appointment  of 19 

Corporation  Court,  clerk  of 78 

Duties  of 19a 

Oaths,  power  to  administer 11 

Process,  issuance  of 12a 

Salary 19a 

Claims — 

Approval  before  payment 13 

Auditing  of 13- 

CocK  Fighting — 

Prohibited 34ff 

Collector — (See  Collector  and  Assessor) — 

Commissioner,  City — (See  Board  of  Commissioners) — 

Absent  from  Board  meeting,  no  final  action  as  to  depart- 
ment of  unless 16- 


Index  to  Charter  xiii 

Commissioner,  City — Continued.  Sec. 

Bond  and  oath  of 8 

Budget  to  be  made  by,  estimates  for 44 

Budget,  penalty  for  exceeding 44 

Claims,  auditing  of 13 

Contracts,  estimates  for 74 

Contracts,  not  to  be  interested  in 74 

Department  heads  designated,  how 12 

Election  of,  time  to  qualify,  etc 5 

Financial  statements,  duty  as  to 13 

Oath  and  salary  of 7 

Oaths,  may  administer 1 1 

Powers  and  jurisdiction  of 12 

Qualifications  and  terms  of  office 5 

Reports,  shall  make 44 

Resignation  of 10 

Removal  of Q ,  44 

Salary  of 7 

Successors  of  Mayor  and  Aldermen 6 

Vacancies,  created  how,  filled  how 10 

Commissioner  of  Finance  and  Revenue — 

Designated,  how 12 

Duties,  powers,  jurisdiction 12 

Commissioner,  Police  and  Fire — (See  police  and  fire  department) — 

Designated,  how 12 

Duties,  powers,  jurisdiction 12 

Commissioner  of  Streets  and  Public  Property — 

Designated,  how 12 

Duties,  powers,  jurisdiction 12 

Commissioner  of  Waterworks  and  Sewerage — (See  water- 
works and  sewerage  department) — 

Designated,  how 12 

Duties,  powers,  jurisdiction 12 

Comptroller  of  State — 

Duties  as  to  finances  of  city T^ 

Financial  reports  to • ~> 


xiv  Index  to  Charter 

Concealed  Weapons —                                      "  Sec. 

Carrying  of  prohibited 34y 

Conduct,  Disorderly — 

Suppression  of 34oo 

Contagious  Diseases — 

Regulations  against 34j 

Contracts — 

Awarding  of  regulated 74 

Bids,  opened,  acted  on,  when 74 

Bond  of  contractor 74 

City  Commissioners  not  to  be  interested  in. 74 

Estimates  for,  made  and  approved 74 

Recorded  in  book 74 

Corporations — 

Directors  in 6 

Corporation  Court — 

Board  of  Commissioners,  powers  as  to. 78 

City  Secretary,  assistant  clerk. 78 

Establishment  of,  powers  and  jurisdiction 78 

Fees  in  to  be  paid  to  city. 24 

Officers  of,  appointment,  vacancies,  etc 78 

County  Commissioners — 

Election,  shall  order 5 

Court — (See  corporation  court) — 

Charter,  shall  take  cognizance  of 80 

Ordinances  received  by  as  evidence 17,  77 

Cows — 

Limit  number  to  be  kept ; 34k 

Current  Revenue— 

Alone  liable  for  debts  of  city 50 

Daily  Deposits — (See  deposits) — 


Index  to  Charter  xv 

Damages —  Sec. 

City  not  liable  for 47 

Grade  raising 47 

Streets,  defects  in 47 

Day's  Labor — 

Rate  of  pay  for 74 

Work  may  be  done  by 74 

Deaths — 

Record  of,  to  be  kept 34cc 

Deadly  Weapons — 

Prohibit  carrying  of 34y 

Debt — 

Annual  expenses  limited  to  current  revenue 50 

Budget  estimates,  contracts  must  not  exceed 50 

Current  revenue,  annual  expenses  limited  to. 50 

Current  revenue  not  subject  to  old  debts 50 

Funds,  special  exempt  from  debts 50 

Evidence  of  debt,  issue  none  except 50 

Loans,  may  make,  when 44 

Power  to  create  debts  limited 50 

Public  funds  and  property  exempt  from 50 

Repealing  clause,  not  affect  valid  debts 79 

Deep  Water — 

Appropriation  for 38 

Deficiency  in  Revenue — 

Pro  rata  abatement  in  budget 44 

Delinquent  Taxes — (Taxation,  assessor  and  collector) — 

Collection  of ^^ 

Prior  lien  for • ^6,  58 

Purchaser  of  property  subject  to 60 

Unappropriated,  used  how 52 

Deposits — 

Bank  depositories  established 19b 

Collector's  duties  as  to 19c 

Officers'  duty  as  to 19b 

Treasurer's  duties  as  to 19b 


xvi  Index  to  Charter 

Departments — (See  heads  of  departments) —  Sec. 

Absent  head  of,  another  appointed,  how 13 

Claims,  heads  of  to  audit,  approve 13 

Commissioners,  heads  of 12 

Heads  of^  designated 12 

Heads  of,  duties  and  powers 12 

Heads  of,  make  estimates  for  budget 44 

Heads  of,  absent,  another  appointed 13 

Rules  and  regulations  for 12 

Diseases,  Contagious —    . 

Regulations  against 34j 

Directors  in  Corporations — 

Mayor  and  two  commissioners  to  be 6 

Discussion  at  Board  Meetings — 

Officers,  privilege  of 26 

District  Attorney — 

Duties  to  prosecute 31 

Disorderly  Conduct — (See  riots) — 

Suppressed .  34ee 

Disorderly  Persons — (See  riots) — 

Suppressed 34g 

Discount  on  Taxes — 

Allowed  when  undue,  paid 54 

Dog  Fighting — 

Prohibited : 34ff 

Dogs  and  Other  Animals — 

Abuse  of 34f 

At  large,  regulated '. 34e,  34aa,  34bb 


Index  to  Charter  xvii 

Donation —  ^^c^ 

City  may  receive 34^v' 

State  tax,  how  used 70 

Tax  for  grade  raising  bonds 70 

Draymen — 

Licensed  and  regulated 51 

Protection  for,  provided 51 

Rates  of  charges  fixed 51 

Duplicate  Main — 

Bonds  for,  election,  etc 7 la 


DUTIES- 


Breach  of,  punished 3 1 ,  67p 

Officers,  duties  of,  Board  to  prescribe 21 

Elections — 

Board  of  commissioners,  election  of .  . 5 

County  commissioners  to  order 5 

Duplicate  m.ain 7 la 

Regulations  relating  to ....  .- 5,71a 

Electrician,  City — 

Appointment  of 24 

Salary,  duties 24 

Emergency  Clause 82 

Emergency — (See  reserve  fund) — 

Employees — (See  officers  and  employments) — 

Exempt  from  jury  service 75 

Employments — (See  officers  and  employments) — 

Engineer,  City — 

Appointment  of 19 

Assistant,  employment  of 19 

Duties  of 1 9g 

Qualifications  of 19g 


xviii  Index  to  Charier 

Engineer  of  Waterworks —  Sec. 

Appointment  of 19 

Assistant,  appointment  of 19 

Estimates — 

Budget,  estimates  for 44 

Contracts,  estimates  for. .;. 74 

Evidence — 

Ordinances,  evidence  in  court 17,  77 

Exemptions — 

Attachment  and  garnishment,  officers  exempt  from 49 

City   not   liable   for   grade  raising   damages   or   defects   in 

streets ^  47 

City  property  and  funds  exempt  from  debt  and  seizure.  ...  49,  50 

City  exempt  from  bond  in  judicial  proceedings 28 

Officers  and  employees  exempt  from  jury 75 

Taxes  exempt  from  seizure  for  debt 53 

Pares,  Rates  and  Charges — 

Franchises  granted. 45 

Hacks  and  vehicles  for  hire 51 

Street  cars • 34q 

Sewer  rates 34r 

Water  rates ' 34r 

Fighting,  iVsusiVE  Language,  Etc. — 

Prohibited 34ee 

Fees — 

All  paid  to  city,  when 24 

City  attorney  to  receive 19d 

Prohibited  except  when 24 

Filling  and  Grading — (See  grade  raising) — 

Public  property,  improvements  and  tise  of 37 

Finance  and  Revenue — (See  commissioner  of) — 


Index  to  Charter  xix 

Financial  Affairs  of  City — (See  financial  statements)—  Sec. 

Auditing  and  settlement  of  accounts 44 

Auditing  and  approval  of  claims 13,16 

Bank  depositories ^ 19b 

Board  of  commissioners,  general  powers  over .  44 

Budget,  making  of 44 

Fiscal  year 44 

Financial  statements 13,  73 

Revenues,  collection  of 44 

Reserve  fund 44 

Liabilities  of  city,  payment  of, 44 

Loans  may  be  made,  when  and  how 44 

State  Comptroller's  duties  as  to 73 

Financial  Statements — 

President  to  make  to  Comptroller 73 

Quarterly,  to  be  published 13 

State  Comptroller's  duties  as  to 73 

Fines,  Penalties,  Etc. — 

Regulated 34dd 

Sentences  and  penalties  assessed 34dd 

Work  on  streets  and  public  works 34dd 

Fire  Arms,  Fire  Works — 

Carrying  of,  prohibited 34y 

Use  of,  regulated,  prohibited 34o 

Fire  Department — 

Chief  of,  appointment  of 19 

Chief  of,  duties  and  salary 20,  20a 

Chief  of,  assistant,  appointment  of 19 

Commissioner  of  police  and  fire 20 

Commissioner,  powers  and  duties 20 

Organization  of 20 

Old  members  given  preference,  when ".  .  .  •  20 

Recommendations  by  fire  commissioner .  20 

Rules  and  regulations  adopted 20 

Salaries 20a 

Suspensions,  charges,  trial 20,  32 

Violations  of  rules,  penalties  for 20,  32 

Fire  Limits — 

May  be  established • 34i 


XX  Index  to  Charter 

Fiscal  Year —  Sec. 

Period  of 44 

Fish,  Fowls,  Meat,  Etc. — 

Inspection  of 34u 

Fishing  Piers — 

On  beach,  construction  and  regulation  of 40 

Fences — 

Partition 34i 

/ 
Flues,  Etc. — 

Regulated 34i 

Fruits,  Unwholesome- — 

Vending  of,  prohibited 34u 

Franchises — 

Application  for,  publication  of 45 

Forfeitures  of 45 

Granting  of,  regulated 45 

Limitation  upon 45 

Old  grants  preserved 45 

Rates  and  charges  regulated 45 

Fowls,  Fish,  Meats,  Etc — 

•Regulation  of 34aa,  34bb 

Funds — (See  city  funds  and  property) — 

Grade  raising  tax,  special  fund 72 

Grade  raising,  wharf  dividends  used  for 71 

Grade  raising,  tax  levy  for , 70 

Reserve  fund,  emergency 44 

Sinking  funds,  tax  levy  for 67b  to  67h 

Special  funds,  special  trust  fund 67i 

Sinking  funds,  investment  of 67m 

Special  funds  created 34x 

Special  funds,  punishment  for  diverting 34x,    67p 

Surplus  from  bond  tax,  how  used 671,  76 

Surplus  from  reserve  fund,  how  used 44 


Index  to  Charter  xxi 

Galveston  Wharf  Company —  Sec. 

Directors  in 6 

Dividends  used  for  grade  raising  bonds 71 

Settlement  with 78a 

Gambling — 

Prohibited 34k 

Garnishment — 

City  property  and  funds  exempt  from 49,  50 

Officers  of  city  exempt  from 49 

Government — (See  old  government,  also  commissioners) — 

Board  of  commissioners,  powers  and  duties. 5,6 

Style  of ; 7 

Grade  Raising — 

Board  grade  raising,  appointment  of 69 

Board  grade  raising,  powers  and  duties  of 69 

Board  grade  raising,  salary,  terms  of  office .  69 

Bonds  issued  for 69,  7  la 

Buildings,  raising  of 69 

City  commissioners,  powers  and  duties  as  to 69 

City  not  liable  for  damages  caused  by 47 

Cost  of  charge  a  lien  against  property 34c 

Damages  caused  by,  city  not  liable 47 

District  of,  defined 69 

Dividends  of  Wharf  Company  used  for 71 

Election  for  grade  raising  bonds 71a 

Engineers,  board  of,  appointment 68 

Goedhart  &  Bates  contract,  not  to  be  interfere  with 34b 

Grade  fixed  by  board  of  engineers 68 

Grade  of  premises  fixed 34c 

Grade  of  public  property,  raised,  improved 37 

Special  trust  fund  for 72 

Special  tax  levy  for 70,  7 la 

State  tax  donation  for 70 

Streets,  amount  of  filling  for 69 

Grounds,  Public — 

Improvement  of,  cost  of,  etc 34b 

Gun  Powder — 

Storage  of  regulated 34n 


xxii  Index  to  Charter 

Hacks — (See  vehicles) —  Sec. 

Hackmen,  Etc. — 

Licensed  and  regulated 51 

Protection  of 51 

Rates  and  charges  of,  fixed,  etc ^ .  51 

Harbor — 

Improper  use  of,  obstructing,  protection  of 37,  46 

Harbor  Master — 

Appointment  of 19,46 

Duties  of 19h 

Salary  and  bond 19h 

Hawkers,  Peddlers,  Etc.— 

May  license,  regulate,  etc '.  . 39 

Heads  of  Departments — (See  departments)^ — - 

Absence  of,  no  final  action  excerpt 16 

Budget  estimates  by 44 

Claims,  auditing  of 13 

Contracts,  estimates  for 74 

Designation  of 12 

Health  Physician — 

Appointment  of 19 

Bond  of 19f 

Duties  and  qualification 19f 

Meetings  of  board,  shall  attend 26 

Nuisances,  shall  abate 19f 

Quarantine  regulations 19f 

Salary 19f 

Hide  Houses — 

Regulations  as  to,  etc 34k 


Index  to  Charter  xxiii 

Horses,  Vehicles,  Etc. —  Sec. 

Abuse  of 34f 

Driving,  standing  on  streets 34e,  34aa 

Fastening - 34e 

Running  at  large 34e,  34aa,  34bb 

Standing  of,  on  streets  regulated 34e 

Hospitals — 

Regulation  and  control  of 34d 

Hospital,  John  Sealy — 

Board  of  managers,  selected,  how 33 

Board  of  managers,  terms  of  office 33 

Board  of  managers,  powers  and  duties 33 

City  commissioners,  powers  and  duties  as  to 33 

Expenses,  how  provided  for 33 

Finances  of,  controlled  by  city  commissioners 33 

Health  physician,  duties  as  to  patients 33 

House  surgeon,  appointment  of 33 

Minutes  of  board 33 

Medical  staff,  appointment,  compensation 33 

Moneys  collected  from,  paid  to  city 33 

Oaths  of  office  of  members  of  board 33 

Officers  and  employees,  qualifications,  etc 33 

Officers  and  employees,  duties,  removal  of 33 

Patients,  register  of 33 

Patients,  charity,  health  physician  to  designate 33 

Patients,  pay,  regulations  as  to 33 

Reports,  monthly,  to  be  made 33 

Rules  and  regulations 33 

Salaries  and  compensation 33 

Hotels,  Railroads,  Etc.,  Porters  and  Runners — 

Licensing  and  regulation  of 51 

Houses,  Disorderly — 

Regulated,  suppressed 34k 

Imprisonment — 

When  assessed  as  punishment 34dd 

Inspection — 

Meats,  fish,  fowls,  etc 34u 


xxiv  Index  to  Charter 

Inspector  of  Waterworks  and  Sewerage  Plumbing —  Se<:- 

Appointment  of . 19" 

Bond,  duties,  salary,  etc 191 

Interest — (See  bonds,  funds,  moneys) — • 

Interest  fund,  special 671 

Rate  of  limited 67,  69,  71a 

Jury  Service — 

Citizens  not  disqualified 75 

Officers  exempt  from 75 

Labor  on  Streets — 

Prisoners  condemned  to 34dd 

Liabilities  of  City — 

Payment  of 44 

Library — 

Establishment  of 43- 

Licensing — 

General  scope 39,62 

License  taxes  reserved  for  streets 51 

Limited 62 

Vehicles,  porters,  hotel  runners  and  others 51 

Licenses — 

Assignment  of,  regulated 34z. 

Reserved  for  improving  streets 51 

Scope  and  subjects  of 39,  51,  62 

Liens — 

Nuisances,  for  cost  of  abatement  of 32 

Railroad  tracks,  cost  of  removal 41 

Sewer  connections,  in  favor  of  tenant  making, , 34s 

Taxes,  payment  of,  secured  by 56,  58 

Lighting  of  Streets — 

Provided  for,  regulated 34l> 


Index  to  Charter  xrxiv 

Limitation —  Sec. 

City  taxes  not  subject  to. '. 60 

Loans — 

Board  may  make 44 

Locomotive  Engines — 

Running  of,  regulated 34p 

Markets  and  Market  Houses — 

Establishment  and  regulation  of 34u 

Marriages — 

Record  of,  to  be  kept 34cc 

MAYOk-PRESIDENT 

Absent  or  sick,  acting  appointed 15 

Absent  or  sick,  receive  no  salary 15 

Bond  and  oath  of .  .....  7 

Budget,  penalty  for  exceeding , 44 

Claims,  appoint  commissioner  to  audit,  when 13 

Director  in  corporations 6 

Election  of .  .• 5 

Executive  officer  of  city 13 

Financial  reports  to  Comptroller 73 

Laws,  shall  see  executed 13 

Oaths,  may  administer 11 

Powers  and  duties  of 6 

President  of  board 5 

Process,  shall  sign 12a 

Qualifications  of 5 

Removal  of 9,  44 

Riots,  duties  and  powers  as  to 14 

Salary  of 7,  15 

Successor  of  old  mayor 6 

Term  of  office 5 

Time  for  qualifying 5 

Time  to  be  devoted  to  duties 7 

Vacancy,  resignation,  filling  of 10 

Vote,  right  to,  at  board  meetings 12a 

Meats,  Fish,  Fowls,  Etc. — 

Inspection  of 34u 


xxvi  Index  to  Charter 

Meetings  of  Board —  Sec. 

Heads  of  departments  absent,  no  final  action  unless 16 

Officers,  certain  shall  attend 26 

Officers,  privilege  of  discussion 26 

Quorum 16 

Regular  meetings,  time  for  holding 16 

Special  meetings,  how  held,  business  of 16 

Mendicants,  Beggars,  Etc. — 

Suppression  of 34g 

Milk — 

Inspection  of 34u 

Misdemeanors — 

Arrest,  prosecution  for 34h,  34ee 

Moneys — 

Board  may  borrow 44 

Collections,  daily  deposit  of 19,  19c 

Depositories  for,  established 19b 

Interest  on,  used,  how 19b 

Penalties  for  failure  to  deposit 19b 

Public  money  exempt  from  seizure 50 

Receipts  for,  given  by  Treasurer 19b 

Receipts,  duplicates,  take  for  auditor 19b 

Receipts  to  be  countersigned  by  auditor .  1 9b 

Surplus  used,  how 76 

Municipal  Government — 

Board  of  commissioners  shall  constitute 5 

Board  of  commissioners  successors  of  mayor  and  aldermen .  6 

Newspaper — 

Contract  for  city  printing 42 

Noises,  Disorderly — 

Suppressed 34ee,  34o 

Notice — 

Of  nuisances,  to  abate 35 


Index  to  Charter  .^cxvii 

Nuisances —  Sec. 

Abatement  of 34t,  35 

Board  to  define,  regulate 34k,  35 

Cost  of  abating  charge  against  premises. 35 

Health  physician  to  abate .  35 

Notice  to  owner  of  premises 35 

Ordinances  adopted  as  to 35 

Oaths — 

Assess6r  and  collector  may  administer 19c 

Commissioners  and  secretary  may  administer .    11 

Mayor  may  administer 11 

Occupation  Taxes — (See  taxes  and  taxation) — 

Offices,  Employments — (See  officers) — 

Appointment  of,  made  by  majority  vote 8 

Bonds  required 21 

Bonds,  new,  required  when 21 

Bonds,  form  of,  sureties 27 

Created  or  discontinued  by  Board 29 

Compensation,  fixed,  limited  or  changed 21,  29 

Duties,  other  and  further  prescribed 21 

Duration,  terms  of 19,  25 

Qualifications  for 19,  29 

Removal  of 32 

Remove  without  cause 29 

Substitute  appointed,  when 30 

Vacancy  in,  filled 21,  25,  78 

Officers — 

Absence,  sickness,  etc.,  substitute  for 30 

Appointment  of  various 8,  19 

Bonds  required,  form,  sureties,  etc 21,  27 

Board  of  commissioners,  powers  over 31 

Breach  of  duty,  prosecuted  for 31,  67p 

Charges  against,  trial,  etc •  •  •  •  ^2 

Corporation  court  officers,  appointment  of 78 

Deposits  to  be  made  by,  daily 19b 

Discussion,  privilege  of,  at  meetings 26 

Duties,  bonds,  compensation,  etc 21,  29 


xxviii  Index  to  Charter 

Officers — Continued.  Sec. 

Exempt  from  garnishment 49 

Exempt  from  jury  service 75 

Fees  of,  to  be  paid  to  the  city. 24,  75 

Funds,  misapplication  of,  punished 31 

Garnishment,  exempt  from 49 

Jury  service,  exempt  from 75 

Majority  to  elect 8 

Meetings  of  board,  shall  attend 26 

Meetings  of  board,  privileges  of  discussion  at .  26 

Old  officer  continued  until .  22 

Old  officers,  acts  of,  validated 22 

Qualifications  of 19,  29 

Removal  of 29,  32 

Sickness  or  absence,  substitute  for 30 

Terms  of  office 19,  25 

Vacancies  in  filled 10,  21,  25,  78 

Official  Journal — 

Contract  for  public  printing 42 

Oil  and  Gas — 

Storage  of,  regulated 34n 

Old  Government — 

Acts  of,  in  force  until 23 

Corporation  court,  powers  as  to,  continued 78 

Ordinances  adopted  by,  in  force  until 77,  79 

Old  board  and  officers  continued  until 22 

Ordinances — 

Evidence  in  court 17,77 

Repealing  act  does  not  affect 79 

Parks  and  Grounds,  Public — 

Regulation  as  to 34b 

Pavilions — 

On  beach,  construction  and  regulation  of 40 

Pawnbrokers — 

License  and  regulate 39 


Index  to  Charter  xxix 

Paupers —  Sec. 

Introduction  of,  prohibited 34j 

Peddlers  and  Transient  Vendors — 

License  and  regulate 39 

Pension  Fund — 

Board  may  create,  for  police  and  firemen :  .  34hh 

Personal  Property — (See  taxes  and  taxation) — 

Defined 54 

JPersons,  Disorderly — 

Suppression  of 34g 

Plumbers  and  Plumbing — 

Regulation  of 34m 

Plumbing  Inspector — 

Appointment,  salary,  duties 191 

Police  Department — (See  police  and  fire  commissioner) — 

Chief  of  police,  appointment  of 19,  20 

Chief  of  police,  assistant,  appointment  of 19,  20 

Charges  against,  trial  of,  etc .  20 

Officers  of .  20 

Organization  of 20 

Rules  and  regulations  adopted 20 

Rules  and  regulations,  violations  of,  punished 20,  32 

Salaries  and  compensation 20,  24 

JPoLiCE  AND  Fire  Commissioner — (See  police  department) — 

Accounts,  shall  audit "  13 

Appointment,  shall  recommend 20 

Appointments,  failure  to  recommend 20 

Appointments,  board  to  make,  when 20 

Designated,  how • 12 

Good  men  of  old  force  have  preference 20 

Powers  and  duties 20 

Powers  and  jurisdiction 12 

Pounds,  Public — 

May  establish " 34aa 


XXX  Index  to  Charter 

Powers —  Sec. 

Corporate 1 

Powers  and  Jurisdiction  of  Board — (See  board  of  commis- 
sioners)— 

Premises,  Private^ — 

Cleaning  of,  regulated 341" 

President  of  Board— (See  Mayor-President) — 

Printing,  Public — (See  official  journal) — 

Prisoners — 

Worked  on  streets,  etc 34dd 

Prize  Fighting 

Suppression  of 34ff 

Process — 

Board  may  issue 1 2a,  20- 

President  shall  sign 12a 

Property  Exempt  from  Taxation — 

Exemptions 53- 

Property,  City — (See  public  property) — 

Prostitutes — 

Suppression  of 34g 

Public  Act — 

Charter  of  city  is 80 

Public  Health — (See  health  physician) — 

Buildings,  etc.,  unsanitary,  condemned 34t 

Contagious  diseases,  protection  against 34> 

Dead  carcasses,  removal  of,  etc. 36- 

Health  physician,  duties  as  to 19f 

Hospitals,  control  and  regulate 34d. 

Meats,  fowls,  vegetables,  etc.,  inspection  of 34tt 

Nuisances,  define,  abate 34k,  34t. 


Index  to  Charter                -  xxxi 

Public  Health — Contimted.  Sec. 

Quarantine,  enforcement  of ...  • 34a. 

Sanitary  laws  to  be  passed 34a 

Slaughter  houses,  etc.,  regulation  of 34k 

Yards,  streets,  etc.,  cleaned 341 

Public  Moneys — (See  moneys) — 

Public  Property — 

Enumeration  of 4- 

Exempt  from  debt  and  execution 49,  50 

Fill  and  improve 37 

Vested  in  corporation 4 

Qualifications — 

Commissioners 5 

Officers 19,  29 

Quarantine — 

May  establish  and  enforce 34a 

Quorum — 

Majority  constitutes 16 

Railroads — 

City  railroad,  accommodations  for  travel 66' 

City  railroad,  regulation  of 34q,  66- 

City  railroad,  lien  for  paving 66 

City  railroad,  paving  between  tracks 66 

City  railroad,  passengers,  safe  carriage  of 66 

City  railroad,  speed  of,  may  regulate 66 

City  railroad,  tracks,  repair  of 66 

City  railroad,  taxation  of 66 

Engines,  running  of,  regulated 34p 

Fares,  rates  and  charges  regulated 34q 

Runners,  porters  for,  licensed  and  regulated 51 

Speed  of  trains  and  cars  regulated,  etc 34p,  66 

Tracks,  removal  of,  for  non-user 41 

Tracks,  change  of  location 41 

Tracks,  crossings  at  intersections 34p 

Tracks,  lien  for  cost  of  removal 41 

Tracks,  laying  of,  regulated 34p 


xxxii  Index  to  Charter 

Rates  of  Charges — (See  fares,  rates  and  charges) —  Sec. 

Hackmen,  draymen,  porters,  etc 51 

Real  Estate — (See  taxes  and  taxation) — 

Defined * 54 

Regulations — 

Old  adopted  in  force  until 23 

Removal — (See  officers) — 

Of  commissioners 9 

Of  officers .-.  .  .    9,  29,  32 

Repealing  Act — 

Old  bonds  and  debts  not  affected  by 79 

Resignations — (See  officers) — 

Of  mayor  or  commissioners 10 

Reserve  Fund — 

Emergency,  used  for 44 

How  disposed  of 44 

Penalties  for  diverting 44 

Unexpended  balance 44 

Resolutions — 

Old  adopted  in  force  until 23 

Restaurants — 

On  beach,  construction  and  regulation  of 40 

Revenues — (See  taxes  and  taxation) — 

Collection  of 4 

Current  only  liable  for  debts 50 

Exempt  from  seizure  for  debt 50 

General  power  of  board  over.* 44 

Unappropriated,  how  used 52,  671,  76 

Right  of  Way — (See  franchises) — 

Riots — (See  Mayor-President) — 

Suppression  of 14,  34ee 


Index  to  Charter                  ,  xxxiii 

Sails,  Yards,  Anchors,  Etc. —  Sec. 

Use  of,  regulated 46 

Salaries — 

Board  to  fix  for  all  officers 21,  29 

Commissioners'  salaries 7 

Changed,  when  and  how 44 

Fees  prohibited,  except  paid  to  city 24 

Fixing  of 44 

Limitation  of 24 

Sanitation — (See  health  physician) — 

Carcasses,  dead,  removal  of 36 

Health  physician,  duties  as  to 19f 

Markets,  establishment,  regulation  of 34u 

Meats,  fish,  fowls,  etc.,  inspection  of 34u 

Nuisances,  abatement  of 19f,  35 

Nuisance,  defined  and  regulated 34k 

Quarantine  to  be  enforced 34a 

Unwholesome  matter,  etc.,  removal  of 36 

Sanitary  laws  to  be  passed 34a 

Yards,  streets,  alleys  to  be  cleaned 341 

School  Taxes — (See  taxation) — 

Collection  of 19c,  64 

Levy  and  assessment  of 65 

Schools,  public  free,  bonds  to  be  issued  for  construction, 

etc.,  of 71b 

Seal — 

Corporate 1 

Seawall — 

Construction  of 48 

Secretary — (See  city  secretary,  also  waterworks) — 

Sewer  Bonds — 

Tax  levy  for 67g 

Sewers  and  Sewerage — (See  waterworks  and  sewerage) — 

Sexton — 

Appointment  of 19 

Duties,  salary,  fees 19m 


xxxiv  Index  to  Charter 

Shores  and  Waters —  Sec. 

Buildings,  removal  from . 35 

Buildings,  construction  and  regulation  of 40 

Shows,  Circuses,  Etc. — 

Licensing,  regulating,  etc 34gg 

Sickness,  Absence,  Etc. — (See  officers,  also  Mayor-President) — 

Sidewalks — (See  streets,  alleys,  etc.) — 

Cleaning  of,  etc 341 

Improvement  and  use  of,  regulated 34b 

Sinking  Funds — (See  funds) — 

Investment  of 67m. 

Sewer  bonds 67g 

Special  fund 67i 

Tax  levy  for 67b  to  67h 

Slaughter  Houses — 

Regulation  of 34k 

Special  Funds — (See  funds) — 

State  Tax — 

Donation  of,  for  grade  raising 70 

Steamboat,  Hotel,  Etc.,  Runners — 

Licensed  and  regulatd 5le 

Street  Railroads — (See  railroads) — 

Streets  and  Public  Property — (See  commissioner  of) — 

Streets,  Alleys,  Highways,  Public  Grounds — 

Buildings,  removal  of 35 

Burdens,  additional  for  sidewalks,  etc 48 

Condemnation  for 35 

Control,  use  of 34b 

Defects  in,  no  damages  for 47 

Driving  on  and  use  of 34c 

Encumbrances  on 34b 


Index  to  Charter                  ,  xxxv 

Streets,  Al'-^eys,  Highways,  Public  Grounds — Continued.  Sec. 

Grade  of,  raising  of  and  fund  for 69 

Horse,  use  of  by,  regulated 34e 

Improvement  and  use  of 34b 

Lighting  of 34b 

Opening  and  closing  of 34b 

Opening  new  streets 34b,  35 

Railroad  tracks,  paving,  etc 66 

Seawall,  breakwaters,  additional  burdens  for 48 

Sewers,  drains  and  lighting  of 34b 

Tax  vehicle,  used  for 51 

Trash  in,  removal  of,  etc 341 

Vehicle  tax  used  for 51 

Style  of  Board 7 

Suits  by  or  Against  City — 

Citizens  competent  witnesses  and  jurors 75 

Surplus  Revenue — (See  budget,  also  revenues,  also  moneys) — 

Appropriations  of 52,  671 

Bond  funds  used,  how 76 

Suspensions — (See   police  and  fire  department,  also  Police  and 
Fire  Commissioner) — 

Charges  and  trial  of . . '. 20 

Taxes  and  Taxation — (See  assessor  and  collector) — 

Ad  valorem,  levy  of '.  54 

Assessment  and  collection  of,  regulated 19c,    55 

Assessments,  how  made 65 

Assessor  and  collector,  duties  of 19c,  54,  55 

Attorney,  city,  collection  of  taxes 56,  60,  67h 

Bankrupts'  taxes 39,  52 

Bonds,  levy  for 67,  67b  to  67h,  71a 

Bonds,  levy  for,  not  affected  by  repealing  act  . .  .  .• 79 

Bonds,  levy  for,  limited 67h 

Bondholders,  taxes  released  by,  used  how 671 

Board  of  Equalization 19c 

Collection  of 19c,  54,  55,  56,  60,  61 

Compromise  of  taxes 63 

Damaged  stocks 39 

Delinquent  taxes,  collection  of 54,  60,  61 

Delinquent  taxes,  unappropriated,  how  used 62 


xxxvi  Index  to  Charter 

Taxes  and  Taxation — Continued.  Sec. 

Delinquent  tax  payer 60 

Delinquent,  surplus  of,  how  used 62 

Demand  for,  not  necessary 59 

Discount  allowed  on 54 

Due  and  payable,  when 54,  59 

Equalization  of I9c 

Exempt  from  execution 50 

Exempt  from  limitation .' 50 

Exemptions  from SZ 

Franchises,  taxing  of 45 

Grade  raising  tax,  bonds,  tax  donation 70 

Grade  raising,  wharf  dividends  used  for 71 

Interest  on  taxes 54 

Junk  dealers 39 

Licensing,  general  scope  and  subjects  of 39,  51,  62 

License  taxes  reserved  for  streets 51 

Lien  for  taxes 56,  58 

Limitation  of  taxing  power. 54 

Limitation  not  to  be  pleaded 60 

Lists  and  rolls,  how  made  out 55 

Occupation  taxes,  levy  of,  regulated,  limited 62,    67o 

Occupation  taxes,  subjects  of 62 

Pawnbrokers,  licensing,  etc 39 

Penalties  for  non-payment 54 

Penalties  for  not  assessing 55 

Personal  property  defined 54 

Powers  and  remedies  for  collection  of 19c 

Powers  of  taxation,  limitation  of 67o 

Purchaser  subject  to  tax,  a  delinquent 60 

Railroads,  street  taxes  against 66 

Real  property  defined 54 

Rolls,  regulations  governing 55   to   57 

Rolls,  supplemental  lists 19c 

Rolls,  abbreviations,  figures,  etc.,  effect  of 57 

Rolls,  sufficiency  and  validity  of 57 

Rolls  to  be  turned  over  to  city  attorney,  when 61 

School  taxes,  collection  of 19c,  64 

School  taxes,  levy  and  assessment  of 65 

State  law  governs 55 

Suits  for  taxes * 56,  60,  61 

Supplemental  tax  lists 19c 

Transient  vendors 39 

Trust  funds 671,  72 

Vehicles  licensed,  revenue  from  used,  ho\v 51 


Index  to  Charter  '  ^  xxxvii 

Terms  of  Office — (See  officers) —  Sec. 

Of  commissioner 5 

Theatres,  Shows,  Circuses,  Etc. — 

Regulating,  licensing  and  taxing  of ^"^SS 

Transient  Vendors,  Peddlers,  Etc. — 

Regulated,  licensed,  etc 39,  62 

Tramps,  Vagrants,  Etc. — 

Regulated,  suppressed 34g 

Trash  in  Streets,  Etc. — 

Prohibited 341 

Treasurer — 

Appointment  of ". 19 

Accounts,  shall  make  monthly : .  .  .  .  19b 

Banks  of  deposit 19b 

Bond  of 19b 

Bonds,  new,  required,  when 19b 

Deposits,  daily  to  be  made 19b 

Duties  of 19b 

Receipts  to  be  given,  duplicates 19b 

Reports  made 19b 

Salary  of 19b 

Trust — 

Breach  of,  by  officers  punished 31,  44,  67p 

Unwholesome  Matter —                                                                •     .  . 

Removal  of 36 

Vacancies — 

Corporation  court 78 

Mayor,  commissioner,  resignation,  removal  of 10,  44 

Other  officers 25,  78 

How  filled 10,  21,  25,  78 

Vagrants — 

Regulated,  suppressed 34g 

Validated — 

Acts  of  old  board  and  officers 22 


xxxviii  •  Index  to  Charter 

Vehicles —  Sec. 

License,  tax  and  regulate 51 

Porters  and  runners 51 

Protection  to  hackmen  and  others , 51 

Rates  and  charges  regulated 51 

Revenues  from,  used  for  streets 51 

Standing,  riding  and  driving  in  streets 34e 

Vendors,  Transient — 

Licensed,  regulated 39 

Vessels — 

Harbor  master,  appointed 46 

Position  of  regulated 46 

Sails,  yards,  anchors,  etc.,  regulated 46 

Speed  of,  regulated 46 

Walls — 

Party 34i 

Wards — 

City  divi4ed  into 3 

May  be  changed 3 

Waters  and  Shores — 

Buildings,  removal  from 35 

Buildings,  etc.,  construction  and  regulation  of 40 

Waterworks  and  Sewerage — (See  commissioner  of) — 

Alta  Loma  Waterworks,  Engineer,  salary  of 24 

Accounts,  auditing  of 13 

Commissioner  of,  designation 12 

Commissioner  of,  duties  and  powers 12 

Construct  and  maintain 34r 

Engineer  of  waterworks,  appointment 19 

Engineer  of  waterworks,  assistant,  appointment .  19 

Engineer  and  assistant,  duties  and  salary 19j 

Inspector  of  plumbing,  appointment  of 19 

Inspector  of  plumbing,  duties,  bond,  salary 191 

Linemen,  salary  of 24 

Lien  favor  of  tenant  for  connections 34s 

Protection  of 34r 


Index  to  Charter  ^  xxxix 

Waterworks  and  Sewers — Continued.  Sec. 

Rates  for 34r 

Right  of  way  for 34r 

Rules  and  regulations  for 34r 

Secretary  of,  appointment 19 

Secretary  of,  duties,  bond,  salary 19b 

Sewer  Department,  Foreman,  salary  of 24 

Sewers,  connections 34s 

Superintendent  of,  appointment 19 

Superintendent  of,  duties,  salary 19i 

Wharf  Company — 

Settlement  with 78a 

Witnesses — 

Citizens  not  disqualified 75 

Yards  and  Premises — 

Cleaning  of,  regulated 341 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED   FOR   FAILURE  TO   RETURN 
THIS    BOOK   ON   THE   DATE  DUE.    THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY    AND    TO     $1.00     ON     THE    SEVENTH     DAY 
OVERDUE. 

MAR     3    1936 

("An  2H  St,.-. 

^ 

LD21-100m-8,'3  / 

!<; 


